| With the development of network technology and the relaxation of the restrictions on the rights of sports broadcasting by the state,the live sports broadcasting market in China has been revitalized and developed.Major network media are competing for the right of sports broadcasting at home and abroad by investing huge amounts of money.Entering the era of all-media,the development of the Internet has brought new opportunities to the sports industry.At the same time,because of the characteristics of convenient reproduction,convenient information dissemination and no border dissemination effect,network piracy is becoming more and more rampant,which makes the protection of the rights and interests related to live sports events encounter unprecedented challenges.However,compared with the rapidly developing sports industry,the current copyright law in China has obvious deficiencies in the protection of live sports events.Mainly reflected in the academic circles,judicial circles,industry and so on,there are differences on the legal nature and protection mode of live sports games.At the present stage,under the background of "Internet + sports",China's copyright law seems to be at a loss,the legislation is blank,and the judicial trial is not unified.There is a great controversy in the academic circles about whether the live pictures of sports events constitute works protected by copyright.Many scholars advocate the copyright of live pictures of sports events.But most of the courts believe that its originality is not enough to meet the requirements of the work,so they consider it as a video product,protected by the right of neighbourhood.However,if the live video of sports events is recognized as video products,its level of protection is low.Because the neighbouring right stipulation in the current copyright law of our country is difficult to adapt to the development of the new era,it seems that the obligee can not control the unauthorized real-time network broadcasting behavior by using the rights of video producer and broadcasting organizer.The main body of the article consists of three chapters.The core problem is that the current copyright law of our country has some shortcomings in the protection of live pictures of sports events,and how to protect it(whether it is protected by copyright,and how the copyright law regulates the behavior of real-time broadcast of live pictures of sports events on the Internet).Through layer by layer analysis,the author draws the core view that the live picture of sports events in China should belong to video products rather than works,not be protected by narrow sense copyright,but should be protected by neighboring right in broad sense copyright,and draws the conclusion that the stipulation of neighboring right in our country should be perfected,that is,to expand the scope of the rights of producers and organizers of audio and video recordings and broadcasting in order to control the network's real-time piracy.The first section of the first chapter defines the basic concepts related to the live picture of sports events,clarifies the differences and links between the concepts of sports events,live picture of sports events,live program of sports events and live signal of sports events.Section 2 summarizes the current situation of insufficient legal protection of live sports games pictures in China through ten representative cases and two main controversial focuses: whether live sports games pictures constitute works protected by copyright;and how unauthorized real-time online broadcasting behavior is controlled by copyright law in China.The third section summarizes two main views and reasons about the legal nature of live sports events,namely "works theory" and "products".This chapter is mainly for the following discussion of the originality of the work,and to further demonstrate the point of view of this article to pave the way.The second chapter is about originality,which is the core element to measure whether the live sports games pictures have become the works protected by copyright.Therefore,it is necessary to analyze the originality of the live sports games pictures.The first section compares the original standards of common law system and continental law system,considers the policy background of the original standards,and demonstrates that the original standards of continental law system are more suitable for copyright in our country.Then the second section analyses whether the live picture of sports events meets the original standard that our country should adopt.The research finds that the originality of live sports games pictures is limited,which can not meet the original requirements of our country for works,can not be recognized as works in the sense of copyright law,can not be protected by narrow copyright,but it should be classified as video products protected by neighboring rights.The third chapter puts forward suggestions to improve the protection of live sports games.In view of the unclear legislation of original standards,it is suggested that legislation should clarify its standards and pay attention to the principle of distinction.At the same time,in the judicial trial,it is suggested to use professional institutions to determine the degree of originality.In view of the unauthorized real-time network broadcasting behavior,there are mainly three aspects of improvement suggestions: reconstructing the rights of video producers,expanding the scope of adjustment of the right of information network dissemination so that it can control the "non-interactive" dissemination;expanding the rights of broadcasting organizers,bringing the network broadcasting organization into the main body of the right,defining the "right of broadcasting" to the Internet;and the anti-unfair competition law can be supplemented.Means to protect. |
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