| As important constituents of the sports industry,the spread of sport events is the key to the development of sports events industry.The sport events industry mainly consists of two parts: the live competition and the live broadcast of the sports event.In order to realize the full protection of the sports event industry,it is necessary to allocate reasonable rights to the two parts of the sports event industry in legislation.In regard to the live competition of the sport event industry,the control of tickets,broadcast and live broadcast is realized by configuring the organizers' rights of the sports events.However,in regard to the protection of live broadcast of sport events,there are some controversies in current practice.The judgment documents about eleven cases in current judicial practice show that,there exist different judgments based on the same facts and same judgments based on different laws,that is,different judgements for the same case and the same judgment with different laws.Therefore,it led to the chaos in the application of the legal protection of live sports pictures in China.The root cause of this chaotic situation is how to return the rights and interests of the live broadcast of sports events.To protect the live broadcast of sports events according to laws on narrow copyrights,it is difficult for all the live broadcast pictures to be original,so it can't get full protection.To protect the live broadcast of sports events according to laws on video recordings' neighboring rights,the pictures carried by the live broadcast signals of the sports events are difficult to be identified as products fixed on certain carriers,which results in the inability to fully protect the live broadcast of sports events through the right of neighboring.To protect the live broadcast of sports events according to laws on rights of broadcasting organization,the live broadcasters of the sports events do not meet the identity and other requirements of the organizations of radio stations and TV stations.In cases where the living broadcasters does not meet specific identity requirements,it is not possible to apply the rights of the broadcasting organization to protect them.To protect the live broadcast of sports events according to property law,the live broadcast pictures of the sports events do not have the physical characteristics stipulated by the property law,so property rights cannot protect the live broadcast of sports events.According to the Anti-Unfair Competition Law,content not protected by special intellectual property laws should not be included in the protection of anti-unfair competition laws in order to protect the free competition and innovation of market entities.In order to protect the development of the sports event industry,the live broadcast of sports events,as a basis of earnings,should be given full protection.Therefore,an exclusive right for the live broadcast of sports events should be established in the Sports Law.All the rights of the live broadcast are included with the live broadcaster as the rights subject and live broadcast signals and pictures the object.And the content includes the right of broadcasting,copying,publishing and information spreading.With these measures,the healthy development of sports event industry as well as the whole PE industry can be promoted. |
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