Research On Copyright Ability Of Live Broadcast Pictures Of Sports Events

Judging the nature of works is a prerequisite for copyright protection.The nature of the live broadcast of sports events under the copyright law of China has been controversial.Live broadcast is a method of filming different from movies.With the development and progress of live broadcast technology,the creative level of the live broadcast of sports events has made a qualitative leap,and its originality can reach a higher level.However,because China's current "Copyright Law" is in a blank stage for the live broadcast of sports events,the academic community also has different views on whether the live broadcast of sports events has copyright.The trial basis and trial results of different courts are also very different.The reason why the copyright issue of the live broadcast of sports events has caused widespread controversy in law,the main reason is that the issue involves the connotation of live broadcast and broadcast rights,the definition of originality standards,and the analysis of thoughts and expressions.There is a controversial issue in the theory of law,and no conclusion has yet been reached.At the same time,the legal community's cognitive difficulties in the production process of live broadcast programs in the field of media work and the importance of copyright protection to the development of related cultural industries are also one of the reasons why related problems can never be solved.If the live broadcast of the sports event is copyrightable,it can be regarded as a work.According to the level of originality,it is determined which works should be included in the live broadcast of the sports event.What kind of rights are violated by the piracy;if it is not copyrightable,If it is treated as a video product,the rights of the right holder can be fully protected.To this end,this paper combines copyright theory and media knowledge.This paper combines domestic and foreign doctrines and cases to explore the copyright ability of live broadcast pictures of sports events.With the opportunity of the revision of China's Copyright Law,this article has the copyright of live broadcast pictures of sports events.Analyze in order to improve China's copyright legal system,effectively protect the rights of producers and investors of live sports scenes,and promote the development of the sports industry.The body of the article consists of five parts:The first chapter is to define the related concepts to be discussed in this paper.This chapter is divided into two sections.The first section mainly defines and distinguishes sports events,sports events,live broadcasts of sports events,live broadcast screens of sports events,and the concepts of play,live broadcast and broadcast.The second section mainly broadcasts live sports events.The picture is distinguished from current affairs news and radio and television programs.The second chapter is the industrial development status and legal protection status of the live broadcast pictures of sports events in China.This chapter is divided into three sections.The first section is to analyze and explain the status quo of the industrial development of live sports footage of sports events in China.The second section is to analyze the status of legal protection of live sports footage of sports events in China.The third section is to explain the demonstration of sports events.The liveness and necessity of the copyright of the live broadcast.The third chapter expounds the judicial dilemma of the copyright protection of live broadcast pictures of sports events.This chapter is divided into two sections,case introduction and case analysis.Through the elaboration and analysis of two typical cases of live broadcast pictures of sports events in China,In the judicial practice,the identification of the live broadcast pictures of sports events and the judgment of the judgments,the key to discovering the problems lies in the copyright identification of the live broadcast pictures of sports events and analysis of the problems.The fourth chapter is a detailed analysis of the copyright ability of the live broadcast of sports events.This chapter consists of three sections.The first section begins with the three elements of the composition of the work,and analyzes whether the live broadcast of the sports event is copyrightable and can constitute a work.If it constitutes a work,what kind of work is formed.The second section is based on the "audiovisual works" appearing in the revised draft of the third revision of China's Copyright Law,combined with the legislation of other countries and regions to analyze whether the live broadcast of sports events can be attributed to audiovisual works.The third section is based on the combination of video products in China.The regulations stipulate whether the live broadcast of sports events belongs to video products.The fifth chapter is the extraterritorial experience of analyzing the copyright ability of live broadcast pictures of sports events in combination with foreign legislation and jurisprudence and the provisions of international treaties.This chapter is divided into three sections.The first two sections respectively specify the live broadcast pictures of sports events from the civil law system and the common law system.To analyze and summarize the experience,the third section combines the actual situation of China and summarizes the enlightenment of the legal provisions of the extraterritorial domain for the copyright issue of the live broadcast of sports events in China.The sixth chapter is to analyze the system choice of copyright of live sports games pictures in China.This chapter is divided into two sections.The first section analyzes the advantages and disadvantages of copyright protection for the live broadcast of sports events.The second section analyzes the protection of neighboring rights.Pros and cons,finally analyze the specific system design and system choice.