| People's increasing attention to and concern for sports has given rise to huge economic benefits in the sports industry.With the media's packaging publicity and the public's high concern,sports events are moving toward commercialization,accompanied by live sports events.The disputes have also increased with the rapid development of the sports industry.In these disputes,different judgments gave different characterizations to the live events of sports events,leading to a great discussion in the theoretical community on the attributes of live sports events.At the same time,these cases reflect a number of deficiencies in the protection of live broadcasts of sports events.Among them,the most prominent problem is that the producers of live broadcasts of sports events do not have the full proprietary rights as authors,and the “right of information network” in the “Copyright Law” Such as imperfections in regulations,the continuous infringement of the live broadcasting of sports events,such as piracy and illegal broadcasting,has prevented the legal rights of producers from being protected.Accordingly,this article puts forward its own point of view on the qualitative aspects of the live broadcast of sporting events and the perfection of the protection of program producers' rights.The full text is divided into four chapters.The content is as follows: In the first chapter,based on the research background,the second chapter discusses the nature of the live broadcast of sports events.The premise of distinguishing the nature is to clarify the concept.For the first section of this chapter,the relevant concepts are listed,and the relations and differences between similar concepts such as live sports programs of sports events and sports events,sports events broadcasts,etc.are described,and it is considered that the academic and judicial practice circles exist.The differences between "works" and "products" are mainly determined by the level of "innovative" standards.Through the exploration of originality,this article believes that it is more reasonable and feasible to classify live sports events into works.The third chapter analyzes the provisions in the laws of China on the live broadcast of sports events and the determination in the judicial practice,and sums up some deficiencies in the legal protection of China's "copyright law".Based on this,the last chapter proposes that in order to better protect the development of China's sports events and live broadcasting industry,it is imperative to make amendments to the relevant provisions of the Copyright Law,define "visual works",improve "broadcast rights",and expand.The "network information dissemination right" legislative approach to protect sports events live shows may be an effective way to solve problems. |
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