Qualitative Research Of Live Program Of Sports Event In Copyright Law

The sports events market for promotion and distribution in China is thriving in the 21 century.More and more professional sports media earns more profits as well as influence power from purchase,broadcasting and distribution of the sports events.There are more and more piracy behaviors about live programs of sports event happening.However,different juridical practices make different nature of live programs of sports event,and academic circle argue endlessly.By the third amendment of Chinese Copyright Law,this paper will explore and negotiate the nature of live program of sports event in copyright law.The first section introduces the present situation of protection for Chinese live programs of sports event and extrusive problems.Through the compare of three lawsuits about live programs of sports event in these years,different judgments are analyzed and the originality issue of live programs of sports event is be deliberated.Different judgments make different natures of live programs of sports event.So the key issue for the nature of the live programs of sports event is originality.The second section concludes international experiences for live programs of sports event and the referential significance for China.Firstly,the protection methods in common law countries are be introduced.Live programs of sports event could be protected as motion pictures according to US copyright law and could be protected as films according to UK copyright law.Secondly,the protection methods of civil law countries for live programs of sports event are introduced.Live programs of sports event are not determined as genre film works in European civil law countries.Liveprograms of sports event could be protected as movable images according to Germany copyright law and could be protected as broadcast signals according to Japanese copyright law.Last,international experiences for live programs of sports event and the referential significance for China are concluded.Originality standard should correspond to its legislation system.The copyright ability condition of the live programs of sports event in different countries copyright law is analyzed.China should apply to the protection methods of civil law countries.The third section analyses the nature of live program of sports event in Chinese copyright law.The distinction between movies and video recordings is analyzed firstly.A comparison for their originality is made according to the originality standard and different types.The originality of live programs of sports event does not conform to the originality of movies,since live programs of sports event should conform to the audience anticipation,comply with the broadcasting manuals,adapt the development of broadcasting techniques and assort with the right of broadcasting organization.It is concluded that live programs of sports event should not be identified as movies,although there are some originality elements in them.At last,in Chinese copyright law,live program of sports event is identified as video recording.