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The Legal Nature And Protection Of Sports Events Program

Posted on:2018-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:J ShaFull Text:PDF
GTID:2346330515992626Subject:Law
Abstract/Summary:PDF Full Text Request
Nowadays,the splendid sports events program plays an increasingly important role in people's spare time.With the rapid development of the Internet,the network broadcast platform and mobile application software of sports events program are also rapidly rising.More and more people begin to get used to enjoying all kinds of sports events on the internet.The commercial interests of sports events program are also increasingly prominent.At the same time,the legal disputes caused by the network piracy also continue to produce.However,different courts of similar cases of judicial decisions are not uniform.This article uses it as a breakthrough point,through the analysis found that the cause of this phenomenon is two:First,there is controversy about the attribute of the sports events program.Second,there is controversy over the legal protection of sports events program.This paper explores the legal attributes and protection methods of sports events program and puts forward some reasonable suggestions for the protection of sports events program in our country by means of our opportunity to modify the Copyright Law.This paper is divided into the following four parts:The first part analyzes the reasons for the different judgments of the four cases related to the sports events program.It is concluded that the judiciary in our country has differences on the following two issues:whether the nature of the sports events program is,the work or the product,what kind of rights should the program be used to regulate.In the second part,I make a comparative analysis and theoretical analysis on the essential condition "originality" of the work and I think China should adopt the"intellectual investment" as a general standard,and follow the principle of distinction,according to the type of works and works of social and economic value of intellectual input taken or loose or strict standards.Based on this,that most of the sports events program to achieve the original standards,are works,a small part of the sporting events program do not meet the original standards,are products.In the third part,discussing how to protect sports events program.In this process,we must first make a distinction between works and products,because the work is applicable to the copyright and the product is neighboring right.Secondly,according to the tort way to distinguish between the direct seeding of the Internet behavior and the infringement behavior,according to different behaviors to take different protection.The fourth part points out the shortcomings of the current copyright law in the protection of sports events program.Combined with the latest revision of the copyright law,the paper puts forward some reasonable suggestions for the protection of sports events program.
Keywords/Search Tags:sports events program, legal nature, copyright, originality, mode of protection
PDF Full Text Request
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