Research On Images Of Live Broadcast Of Sport Events In Copyright

With the rapid development of sports industry in China,the protection of intellectual property rights of live events is becoming increasingly urgent.The primary prerequisite for providing legal protection for live events is to clarify its legal attributes.The identification of the legal attributes of live events in sports events should be carried out under the existing legal framework,in line with the original provisions of the copyright law,and to maximize the protection of the legitimate rights and interests of producers of sports events.The key to protect whether the live broadcast picture of sports events can be used as copyright law works is to find the unique personality part in its production process,that is,the originality.By exploring the original origin of the two legal systems,it puts forward the way to identify the system of copyright law in China.The production process of sports events is very complex.It usually includes the background of shooting,the location of location,the choice of day lighting,the judgement of lens focus and shooting angle,and the selection and arrangement of pictures taken by various computer programs.This series of processes embodies the unique intellectual creation level of the producer and thus meets the requirements of originality and obtains the protection of copyright law.But it is also undeniable that if the screen of the competition is only completed by one or several cameras,the free play space of the production process will be greatly reduced,and it is difficult to achieve the original requirement of copyright law for free and creative choice.Because of the legislative defects of the copyright law of China and the narrowing of the adjacent right system,the right holders of the sports events are difficult to maintain their rights.Whether it is considered as"works" or "products",the rights per capita can not apply the existing copyright law to regulate the increasingly frequent online broadcast infringement.The right of broadcasting right and information network dissemination of China's "copyright law" the legal regulation of "direct broadcast cable" and "non interactive Internet communication behavior barriers,thus it can't lead to regulation of unauthorized network real-time broadcast live sports picture infringement.For the live broadcast of sports events that can only be identified as video products,the right of broadcasting organization can't be applied to the network environment at present,so that the right owners can't find relief in the neighboring right system.Therefore,the relevant systems of copyright law should be perfected at the time of the third revision of the copyright law of China.One is to combine the right of broadcasting and information network to establish a "right of communication to the public" to regulate the illegal broadcast of any technical means.The two is to improve the relevant provisions of the right of broadcasting organization,to expand the scope of subject to the rights of broadcasting organization,webcasting organization right of broadcasting organizations,and expand the rights of broadcasting organization "rights" rights,broadcast to include Internet and mobile platform.Through the above measures,we hope to improve the legal protection path of live events in sports events,so as to regulate the "piracy" behavior of the network,safeguard the legitimate rights and interests of the relevant subjects,and effectively protect the healthy and rapid development of the sports industry.