On The Legal Protection Of Live Events In Sports Events

Chinese current "Copyright Law" does not have provisions on live broadcasts of sports events and the original provisions of the originality standards of works,which has led to debates between academics and the judiciary on the attributes of live broadcasts of sports events.Local judges have a great degree of freedom in hearing cases.Discretion,the trial basis and results of each court are not the same,and in view of the imperfection of the neighboring rights system,the effect of protecting the live broadcast of sports events through neighboring rights is not satisfactory,and the boundaries between "products" and "works" The more vague the distinction between neighboring rights and copyright is no longer important.According to the characteristics of the live broadcast of sports events and the originality embodied in the production process,Chinese current "Copyright Law" should clarify the attributes of the live broadcasts of sports events,and rebut the viewpoints that the live broadcasts of sports events belong to Movie works and compilation works.At the same time,it refers to the relevant content of the conventions of international organizations and other countries’ legislation,and attributes them to audiovisual works.On the basis of the audio-visual works of sports events,combined with the current provisions of the Copyright Law on the rights of film works,the rights to the live broadcast of sports events are introduced.It is also recommended to reconstruct the broadcasting rights and information network broadcasting rights.The adjusted broadcast right controls the "non-interactive" communication behavior,and the information network communication right controls the "interactive" communication behavior,that is,the sports event program can be effectively protected whether it is wireless broadcast or network communication.