The Supplement To The Protection Of The Copyright Law On Broadcast Rights Of The Sports Program

With the rapid development of sports program broadcast industry,especially with the development of network broadcast,there are more and more disputes about the infringement of broadcast rights of sports program.However,it is not consistent with the frequent disputes over the broadcast rights of sports program that both legislation and theory do not attach great importance to the protection of the broadcast rights of sports program.Theoretically broadcast rights of sports program should belong to the copyright.Due to the fuzziness and hysteresis of the copyright law,it can not completely protect the broadcast rights of sports program.In order to make up for the insufficiency of the protection of the copyright law of broadcast rights of sports program,and in view of the close connection between the anti-unfair competition law and the copyright law,the dual regulation function of the anti-unfair competition law and the advantages of the anti-unfair competition law to responding to the new type of unfair competition quickly,I propose that the protection of the anti-unfair competition law should be brought into full play.Based on the current legal norms and legal theories and from the perspective of specific judicial application,this paper systematically analyzes the theoretical basis and legal application of the supplementary protection of the anti-unfair competition law of broadcast rights of sports program.And puts forward some countermeasures to strengthen the supplementary protection of the anti-unfair competition law so as to protect the broadcast rights of sports program preferably.Specifically,this paper is divided into five parts.The first part introduces the current situation of legal protection of the broadcast rights of sports program.Firstly,it defines the broadcast rights of sports program in the context,and then analyzes the current situation of legislation and judicial protection in China.The second part clarifies the dilemma of the copyright law protection of thebroadcast rights of sports program,that is,the legal nature of sports program is uncertain,and the information network communication right,broadcasting right and broadcasting organization right cannot control the network real-time broadcast behavior.The third part is the theoretical basis analysis of the supplementary protection of the anti-unfair competition law.Based on the relationship between anti-unfair competition law and copyright law and its own advantages,this paper analyzes the rationality of providing supplementary protection.The fourth part from the “three elements”and “business model” two ways analyze the application of anti-unfair competition law.The fifth part points out the inadequacies of the protection of the anti-unfair competition law and puts forward suggestions for improvement.The biggest characteristic of this paper lies in the analysis of the current situation of the legal protection of broadcast right of the sports program and the dilemma of copyright law protection in the form of combining theory and practice,and on the basis of case statistical analysis,so as to put forward the supplementary protection by using the anti-unfair competition law,which has a strong problem orientation.This paper breaks through the perspective that previous articles only pay attention to the research on the protection of the copyright law of broadcast right of the sports program but ignore the research on the protection of the anti-unfair competition law and turns the perspective to the supplementary protection of the protection of the anti-unfair competition law.I think that although the protection of anti-unfair competition law is supplementary protection,its importance still cannot be ignored,especially at the present stage when the copyright law cannot provide complete legal protection for the broadcast right of sports program.