On Intellectual Property Protection Of Sports Events Live Broadcast Program

The income of live events often account for more than half of the entire sporting event,and the more eye-catching events,the greater the benefits of live events.As the event behind the live huge economic benefits,live broadcast piracy phenomenon is also common in real life.The rights of the program are resorted to the judiciary for legal protection,China's judicial practice in the court of such disputes are not consistent treatment,academic also argued endlessly due to the ambiguity of the current legislative norms.Therefore,it is necessary to carry out in-depth study on the protection of sports events live broadcasting program,and provide useful reference for relevant judicial practice.The general idea of this thesis is as follows: Firstly,the basic content of sports events live broadcast program is introduced,analyzed and the stakeholders of the event are analyzed,and try to sort out the source and the relationship of the parties.Secondly,discuss the qualitative question of sports events,analyze whether it can constitute works.Thirdly,the author studies the protection of the live broadcast program in the current judicial practice,and analyzes its rationality.Finally,discuss the application of the races to live races.Specifically,this thesis is divided into the following four parts:The first part is the analysis of the basic concepts of live events in sports events.Mainly from two aspects: on the one hand,through the basic concept of the program and the introduction of the production process,intended to grasp the process of the event process,so as to study the qualitative and protection of the program to lay the foundation.On the other hand,this section attempts to clarify the respective interests of the event partners and analyze the sports organizers,event producers and communicator rights sources one by one.The second part mainly discusses the qualitative question of sports events live broadcast program,that is,whether the event can constitute the works of our copyright law.First of all,by combing the relevant judicial cases in the past,the author sums up the reasons of the judgment of different courts,and analyzes the causes of the differences in the qualitative aspects of the event and the academic circles in China.From "works","products" and "Competition law of the law that " three angles to start.Finally,the author in the comparative analysis to draw their own tendencies: sports events live broadcast program in our current legal framework is more suitable as a product to protect.The third part mainly explores the problem of the protection of the program in thecurrent judicial practice.Firstly,it analyzes the protection under the copyright system,and starts from the perspective of works and products,and studies the basis of the rights of the rights activists under different qualifiers,including the right of broadcasting of the copyright owner,the right of information network communication and the protection of the collateral clause Human video producer rights and radio organization rights.Furthermore,it also demonstrates the protection mode of anti-unfair competition law and draws the advantages and disadvantages of the protection mode of competition law.And on this basis,to discuss the anti-unfair competition law as the possibility of sports events live broadcast program protection.Finally,after studying the development history of the relevant international treaties and the copyright law of our country,the author draws the following conclusions: The right of broadcasting of the copyright owner should control the real-time broadcast of live events in the Internet form,and the right of information network communication is not available the right of broadcasting should not be expanded to the field of information network communication,broadcasting organizations have no right to restrict the real-time broadcast of the Internet in the form of the current legal system,the protection of the live broadcast more appropriate to use "anti-unfair competition law".The protection of such a way should be subject to certain restrictions and constraints to prevent the abuse of rights.The fourth part is about the current legal system under the framework of the program to protect the method of combing,after the second and third part of this article,the author summed up the three kinds of programs to improve the program.By collating past judgments,the author found that China's court in dealing with the program to protect the dispute there is a big difference between the reasons for the current domestic legislation is not perfect,not clear.Therefore,this thesis argues that the third revision of the Copyright Law of China should be completed as soon as possible,clarify and perfect the relevant laws and regulations,determine the nature of the event,clarify the rights and rights of the copyright owners and neighbors(especially the broadcasting organizations).The content of the rights for the judicial practice of the court to provide a legal basis for discretion.