| In recent years,the infringement of broadcast rights of sports events has gradually increased,which has brought huge economic losses to the investors,they want to be able to incorporate such situations under the protection of copyright law,in order to protect their rights more effectively.However,in judicial practice,there is no agreement on the results of the adjudication of this kind of cases,and the differences are mainly reflected in two aspects.On the one hand,there is a dispute about the legal nature of the live picture of sports events.On the other hand,there is a dispute about which legal protection path to choose.And the qualitative nature of the law is the basis of the choice of the path of legal protection.Therefore,in order to solve the problem of infringing the right to broadcast sports events,we need to start from two aspects at the same time.Solve the qualitative problem of the live picture of sports events firstly,and then analyze the choice of protection path.The first chapter points out that the act of stealing live sports events has brought serious harm to the society and economy.,but there are differences on how to regulate this kind of behavior in judicial practice,and the academic community can not form a unified view of this.And then pointing out the practical and theoretical significance of studying the problem,and reviews the current literature on the issue.The second chapter combs and discriminates the concepts of sports event,sports event live broadcast program signal and sports event live broadcast picture,and clear that there are no legal qualitative problems in copyright law in the signals of sports events and live sports events.At the same time,the use "picture" as a special term for studying the legal nature of sports events will be more accurate and standardized.Secondly,by summing up and sorting out the opinions of court adjudication,this paper clarifies what kind of protection is mainly adopted in the current judicial practice to infringe on the rights to broadcast sports events.The third chapter discusses the original standard identification of the live picture of sports events.The legal nature of the live picture of sports events mainly depends on the determination of the original standard,but there is no provision and interpretation of the original standards in the current copyright laws in China.So to solve this problem,we need to start from the perspective of comparative law.On the basis of the study of extraterritorial law,combined with the request for originality of film and video products,it is finally determined that the legal nature of live pictures of sports events should belong to video productions rather than movies.The fourth chapter focuses on the choice of legal protection path for live sports events.On the basis of the fact that the live pictures of sports events have been characterized as videotapes in the third chapter,discussing the defects of the right of information network dissemination and broadcasting organization in regulating the network broadcast of live sports events under the existing legal framework,and puts forward the protection path of audio-visual works. |
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