Research On Legal Issues Of Sports Broadcasting Rights

Sports,as an important part of human cultural life.While sports is developing towards commercialization and informatization,the controversy over the rights to broadcast sports has been magnified.Broadcasting sports events through television and internet is an important means to realize the economic value and spread value of sports events,so it is imperative to determine the right nature and ownership of sports broadcasting rights.Sports broadcasting right refers to the right that enjoyed by organizers of events and host units to permit others or institutions to conduct live broadcast,transcription,processing,editing,and copying,and to obtain remuneration therefrom.This paper studies and analyses the sports broadcasting rights in four parts.Beginning with the concept and historical evolution of sports broadcast rights,understand what is the "broadcast rights" of sports events,then extends the legal nature theory of the three international mainstream sports broadcasting rights to our country.This paper focuses on the legal predicament of ownership of television rights in copyright,intangible property rights,broadcasting organization right and broad contract right.In the end,the existing theory ignores the multiplicity of the rights,whether it determines sports broadcasting rights as intellectual property or property right.According to the connotation of Sports broadcasting right,the author analyzes it from two levels.The first level is the sports events themselves,that is,the sports broadcasting right that referred to herein as live broadcasting.The second level is to assign the sporting event to a certain carrier with recording technology,which is easy to repeat.In the article,the author calls it the literal right of television broadcasting of sports events.After inspection,some scholars have creatively proposed the sports broadcasting rights dichotomy.In this way,the complex rights can be interpreted and has obtained recognition to some degree in the academic world.The author quotes the dichotomy and the method of dialectical thinking as the full text,draws lessons from the advantages of extraterritorial law while analyzing the current situation and the insufficiency of China's sports television broadcasting rights,and puts forward suggestions and rethinks on the protection of the broadcast rights of sports events at the present stage in China.