| The sports industry achieves fast development and huge market scale in our country,and the live broadcast of sports events' income proportion takes an ever-growing share.Along with the popularity of the Internet and mobile Internet,live broadcast of sports events on Internet are now very common in the present,and the scale of the new media coverage can even go up against with traditional media.It is the economic benefits of this huge market that triggers a series of unauthorized broadcasts.But due to the inadequate laws and regulations in this field,similar cases have different decision and the theory and practice circle have heated debates.The protection of live sports programs is not only related to the seriousness of laws,but also related to the development of Internet rebroadcast industry.Main idea of this paper follows: take the case"the China Super League Live Broadcast's Disputes Between PhoenixNet and Sina"as the starting point,conclude the disputed points,analyze the controversial issues combining theory with judicial practice,discuss the applicable law,and according to the problems existing in the legal application and Copyright law(draft)make legislative recommendations.This article is divided into five partsThe first part,"the summary of the case and the dispute points".There is a comprehensive description of "the China Super League Live Broadcast's Disputes Between PhoenixNet and Sina",including the appeals of both parties,the basic facts of the case,the court's trial results and legal basis.Then this paper concludes two disputes points of this case : the instance of sports event live broadcast program;How to protect the live broadcast of sports events.The second part,"the basic information related to the live broadcast of sports events".It mainly introduces the concepts related to the live broadcast of sports events and clarifies some basic concepts and knowledge related to this paper.The third part,"the legal instance of live broadcast of sports events".Firstly,discuss whether it constitutes films or not,namely whether meet the requirements of fixation and originality.About fixation elements,this paper expounds on the sports live TV meeting the fixation elements from positive and negative sides.About the originality elements,after analyzing the pictures of live broadcast,highlights of live broadcast,and interpretations of live broadcast,concludes that live broadcast of sports events' originality is week,and it does not meet the requirements of copyright law on works.Secondly,the paper discuss whether live broadcast of sports events meet the constitutive requirements of video works.Finally,it is concluded that the live broadcast of sports events belong to video products.The fourth part,"the protection of live broadcast of sports events in judicial practice".Through the summary of the plaintiff's litigation strategies and court judgments' reasons from similar cases in judicial practice,it is concluded that it is appropriate to protect live broadcast of sports events through Anti-unfair Competition Law under the current legal system.The fifth part,"protection's perfection of live broadcast of sports events".Combining with changes of Copyright law(draft),study on the modification of audio-visual works,expanding broadcast rights and the right of broadcasting organizations,expand the right of information network communication,and merger broadcast rights and the right of communication information through network to "Right of Communication to the Public".Through the comparison and analysis,the modification mode of "Right of Communication to the Public"can not only can solve the present legal loopholes to "the non-Interactive" spread protection under the Internet environment,but also matches our country's copyright law system. |
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