| Live sports program has became the hot topic and focus of copyright protection that drew rather considerable interest in society after literature,music and films/television programs.Copyright protection would be of crucially strategic significance for the development of the live sports industry.However,due to the controversy of the nature of live sports program in copyright field,which causing the fact that it hardly gets specific,complete and effective protection,that would hinder the commercial operation and development of live sports program.This paper would explore the methods of defining the nature of live sports program in copyright field by raising the author's opinion that the images and the commentary of live sports program constitute the “works” under copyright law.By demonstrating the nature of live sports program as a work,this paper is hoping to provide the theoretical support for copyright protection of live spots program and aiming at guaranteeing the development of the industry.The paper consists of three parts--introduction,main text and conclusion.The introduction sets forth the motives of this paper,being that the nature of live sports program in copyright law system has been a focus of dispute,which would raise obligees' concerns and obstruct the development of the sports media industry.By discussing the foresaid issue,this paper would then analyze the deficiency of current law system and proposing the corresponding suggestions,hoping to promote further protection of live sports program.The main text is consisted of three chapters:The first chapter summarizes different opinions in judicial judgments that defining the nature of live sports program,being that the controversy over the nature of live sports program being works,video recording or broadcast signal.This paper then states the cause of such controversy,being that the lack of standard of determining the originality in our copyright legal system,and further discusses such standard.The second chapter demonstrates that images of live sports program is up to the requirement of “originality” in Copyright Law by illustrating at both levels of recording and layout of live sports images and that images of live sports program shall be protected by copyright law as “works created by virtue of the analogous method of film production”.The third chapter expounds author's further thoughts that since live sports program is constituted of continuous dynamic images and sounds,the nature of commentary shall also be considered when determining the nature of live sports program.The commentary by commentator shall be defined as distinguished expression and therefore constitutes oral works in Copyright Law and get corresponding protection.The last part is the conclusion.In this part,the author makes a generalization and summarization of the paper.Basing on the controversy in the nature of live sports program,the author suggests to promoting the third revision of Copyright Law and to adjust the scope of “works” therein,introducing the concept of“audiovisual works”,which is commonly recognized in international society,instead of works and video recording.Therefore,live sports program could be protected as“audiovisual works” by Copyright Law and the development of sports media industry could be sequentially stimulated. |
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