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Research On Copyright Protection Of Sports Event Programs

Posted on:2020-11-16Degree:MasterType:Thesis
Country:ChinaCandidate:D H LinFull Text:PDF
GTID:2416330572479099Subject:Law
Abstract/Summary:PDF Full Text Request
Sports programs are an important part of the sporting industry and a critical aspect in the development of cultural undertakings.However,the theft of the programs has been increasing,resulting in the loss of rights and interests of rights holders.In the judicial practice,it is difficult to identify the legal nature of the programs,so that the rights and interests of rights holders cannot be effectively protected by law.This paper analyzes the existing judicial cases involving the protection of the programs,and reveals that the focus of such cases is the origin of the programs.On the basis of understanding the production process,this paper believes that the programs satisfy the "basic originality" of the work,subjectively reflective of the author's ideas,and objectively culturally valuable.The cultural value,therefore,has"high originality" and should be recognized as "film-like works".In the attribution of the programs,through the analysis of relevant stakeholders including event organizers,producers,and rights-bearing broadcasters,they will clarify their role and contribution in the production process.At the same time,the rights of rights holders of film and television works described in the Copyright Law can be analogized to the rights of the programs.Thus,it is determined that the producers should benefit from copyright protection.When evaluating the existing legal protection channels of the programs,whether it is the Copyright Law or the Anti-Unfair Competition Law,there are insufficient protections for the programs.Hence this paper proposes feasible ideas for the protection of the programs from the perspectives of interpreting and suggesting amendments to the law.The interpretation of the law should clarify "other rights that could be enjoyed by the copyright owner" and "broadcasting organization rights";in the revision of the law,"video recordings" can be used to replace "movies,classical movie works and video products",and further examine the originality so as to provide more complete protection for the programs.
Keywords/Search Tags:Sports Program, Originality, Film-like Works, Video Recordings, Rights Attribution
PDF Full Text Request
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