| In recent years,with the vigorous development of the sports industry,sports events and sports events live programs become popular and grasp widespread attention.Sports events live programs are television programs that based on sports events,through shooting,editing,adding host commentary and etc,producedas TV programsand eventually presented to audience.The legal nature of sporting events have reached a consensus in the international arenathat they are objective facts,andthey do not belong to worksaccording to thinking expression dichotomy.Sports events live programs are different from sports events themselves,although its based on sports event,but it's also given the creative work of the producer,such as shooting,program editing and other content.Most scholars believe that the level of this part of creative labor determines the originality of sports events live programs,and then determine its legal nature.Many sports events live program copyright infringement disputes occurred during the Brazilian World Cup soccer tournament,the London Olympic Games and other large-scale sports activities,and the issue of the legal nature of sports events has aroused great controversy in both judges and scholars.Under such background,this paperconduct research on the legal nature of sports events live programs.This paper mainly uses the following research methods:case study method,literatureanalysis and comparative research.Through these research,this paper can draw some conclusions.In the study of typical cases in recent years,it is found that there are three main results of the current court's judgment on the legal properties of live events.First of all,20% judges of the cases hold the view that the laborers are creative in the process of transform sports events into sports events live programs,and the level of this creativity has reached the requirements of the original works of copyright works in China.As a result,the sports events live programs shall identified as works.Secondly,30% of the courts hold that the sports event live programs are not belong to the object protected by copyright,but it can be protected by neighboring right as video recording products.The remaining judgement of the cases avoid the problem of legal nature of the sports event live programs in their judgement.However,it is proposed that sports event live programs can be defined as work or video recording products according to the extent of the creativity of the work in produce television programs.What's more,to the cases with same subject and same object of the dispute,the decisions of different courts are inconsistent,even the in the same court the referee results are not same.Through theoretical study,it is found that there are four kinds of views about the legal nature of sports event live programs: theory of shoot works in a film-like way,theory of compilation,theory ofaudiovisual work and theory of video recording product.The key of controversy is that the standard of original work which based on the work producers make in the production of such programs is unclear.Through the comparative study,itissafetosay that civil law countries,such as Germany,are more emphasis on the protection of the author's personal rights,which often require a higher originality of the works.In regards to the sportsevent live programs,thesecountries adopt a strict standard and not identify itas work.Common law countries,such as the United States,focus on protecting the interests of copyrighted property,which often require a low degree of originality of the work,asaresultthey protects the sportsevent live programsas audiovisual works.In author'sopinion,the existence of a large number of countries not set of neighboring right can provethat the system of neighboring rights is not the only viable option,but whether this system is suitable for China's national conditions,stillneedfurther study.After research,the paper analyzes whether sports eventlive programsare copyrightablebasedon the originality of sports eventlive programs and the development trend of the copyright law.Producing sports eventlive programsmainlyinvolvewiththreestageofwork,that is preparation before competition,picture collection and program editing,which may be constrained by the sports game itself.But there is still a lot of room in the work,especially sports games are fast-changing and unpredictable,and the director needs to schedule,edit the program in very short time which can reflects one's personality,which is the embodiment of originality.Furthermore,considering the development process and development trend of the copyright law,it always been difficult to distinguish works and products,ambiguous originality standard actually give judges too much discretion,which as a result easily lead to inconsistent judicial decisions.The revision of the copyright law remove the video recording products,and it defines films and other works consisting of a series of continuous images as audiovisual works.In this way it actually break the existing binary system.To conclude,in order to maintain the stability of the legal system and promote the innovation and prosperity of the culture,the paper holds a view that it is the most suitable for the sports event live program to be recognized as shoot works in a film-like way.Atlast,thispaper discusses the current dilemma on the protection of the rights of sportseventlive programs and proposessolutions. |
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