Research On The Judicial Protection Of Broadcasting Rights Of Sports Events In China

With the continuous development of China's economy,people's demand for sports is becoming stronger and stronger.In recent years,it has been revealed that a few billion billion yuan worth of broadcast rights can reflect the current prosperity of the sports market from one side.However,the development of sports industry and sports industry has brought some problems,such as the protection of the broadcasting rights of sports events.Sports rights protection problems can say in a play then accompanies a sporting event,but due to the constantly updated with the development of media technology in recent years,the emergence of new forms of broadcast sports events also brought a new kind of infringement cases.According to the actual situation in China,the law of our country has lagged behind the development of practice,which leads to the lack of effective protection of sports broadcasting rights.Refer to the domestic laws,the author found that at present our country law is not the concept of sports broadcasting rights,at the same time on the legal nature of sports rights and content are not involved.This creates an awkward situation in judicial practice.Statistical induction,case by case analysis and other methods of sports broadcasting rights protection in the judicial practice,the study found in judicial practice at present in our counay,the sports broadcasting rights cases showed less case,time is concentrated,have different understanding of specification.Investigate its reason,lies in the relevant laws is too general and principle,refers to is not strong,and legislation cannot be perfect as the technology progress and era development,make relevant disputes can not be can depend on,rights can not get effective protection.Therefore,fewer cases and judicial officers have less knowledge of copyright law,resulting in different decisions in the same cases.In view of the problems existing in the above judicial practice,it is suggested to improve the judicial protection of sports broadcasting rights in China from the following aspects.Legislation,absorb the experience at home and abroad for reference,perfecting the relevant laws in time,and the definition of sports broadcasting rights,content,and transfer mode of regulation,through the expansion of information network transmission right,to include the interactive transmission.Expand broadcasting rights to include cable transmission;Expand broadcasting rights to include network media.Through the above methods,the applicability of the law can be improved,and the rights of sports broadcasting can be effectively protected.At the same time should also judge the legal literacy and ability through ascension,the highest law judicial interpretation and the guidance of the relevant case,establish special way of sports related intellectual property rights courts measures simultaneously,improve the judicial protection of sports broadcasting rights.