Research On Copyright Law Protection Of Sports Event

The legal protection of sports events has become one of the hotspots in academic research in recent years,and related judicial proceedings have also sparked heated discussions.Throughout the relevant literature and cases,most of them are aimed at the analysis of the legal nature of sports events,while ignoring the discussion of sports events.In fact,sports events have the appearance of performers' rights naturally,and in turn,the performers' rights are sufficient to cover the interests of the organizers and communicators.Based on this,the problem studied in this paper is: the protection of sports events by performers' rights as the legal protection path of sports events.Firstly,this paper points out the dilemma and cause of legal protection of sports events in China through empirical research.Then,according to the basic theory of claims,the object of legal protection of sports events should be sports events rather than sports video,and then combine the comparative analysis method to demonstrate the rationality of using the rights of performers to protect the sports events.This article is divided into five parts.The first part starts from the judicial practice of our country and puts forward the problems and solutions to the legal protection of sports events.The dilemma of judicial protection of sports events is mainly manifested in two aspects.Firstly,the source and attribute of the broadcasters' rights are not clear.Secondly,the path of protecting sports events through laws is not uniform.The former manifests as follows: the plaintiff generally proves in the lawsuit that his right of broadcasting comes from the legal permission of the organizer of the sports event,but the charter of the organizer does not have the legal effect of creating rights,and the court falls into protection without the basis of rights,There is clearly an unfair dilemma for protection.The latter manifests itself: in a series of lawsuits that have already occurred in China,local courts have different understandings of similar cases.Although they generally protect the interests of broadcasters of sports events,there are many ways to be select:including information network communication rights,broadcast rights,video producer rights,broadcast organizer rights,and unfair competition.Based on the performance of the problem,further analysis suggests that the judicial protection of sports events is in trouble because of the deviation of the protection object,and the object of legal protection of sports events is the sports event.The infringements against sports events are directed to the sports event itself rather than the sports event program or sports event program signal,the latter only contains the representation of the rights object from the content of the sports event.On the basis of examining relevant theoretical theories,the second part proposes that the legal nature of sports events is intangible property.Although the physical activity of the sporting event is not necessarily excluded from the copyright object,its action does not belong to the aesthetic expression of aesthetics and is still not copyrightable.At the same time,sports events have property attributes due to the mental and physical labor of the organizers and athletes of the condensed events.The physical movements are intangible as non-material existence,so sports events are intangible property.The third part comprehensively examines and reflects on the possible path of legal protection of intangible property such as sports events.The protection of property rights recognizes the necessary to protect sports events with exclusive rights.However,in general,scholars do not consider intangible property to be a category of “objects”.The creditor protection path can adjust the new civil legal relationship with the current law.However,neither the contractual rights nor the infringement interests can determine the exclusive attributes of sports events.In addition,some countries give the organizers a series of rights to sports events in the form of book neighboring rights or special laws,including but not limited to the rights to record and broadcast.China can use appropriate reference and consider the rights of performers for legal stability.As a realization path is more reasonable.The fourth part puts forward that the rights of performers as the basis and protection path of sports events are reasonable.Sports events as documentary movements are documentary and ornamental,belonging to performance behaviors;legal persons can be the main body of performers,and the rights of the organizers of the event organizers are also accessible;the protection of sports events by performer's rights can govern all violations.And solve the problem of unclear rights and diverse protection paths in the legal protection of sports events.The fifth part summarizes the full text.