On The Originality Of Sports Event Programs

With the development of Internet,watching sports events through Internet media has become a new trend.The sports event program is based on the holding of sports events,and is a TV program that produces and broadcasts the ongoing sports events.The key to the successful operation of large-scale sports events depends largely on the economic benefits obtained by selling the broadcasting right of sports events.Driven by huge interests,it has become a new way of infringement to broadcast the live sports events through the Internet.Because the broadcasting organization "broadcasting right" in the copyright law of our country does not involve the field of network,and the relevant laws are not perfect,the network broadcasting behaviors infringing the producers of sports events are frequent and increasingly fierce.It was not until 2015 that the first case of sports event program infringement was adjudicated in China,which triggered a heated discussion on the originality of sports event program in the legal circle.Domestic academic circles have a lot of disputes on the originality of sports event programs,and the judicial decisions related to sports event programs are not consistent in the practical circles.This paper starts from the first case of sports event program-Sina company v.Tianying Kyushu company's infringement case,and studies the interpretation of originality in sports event program,so as to give a reasonable answer to the research on originality of sports event program in China.This paper studies the originality of sports events programs through five parts.This paper starts from the first case of sports event program-Sina company v.Tianying Kyushu company's infringement case,and studies the interpretation of originality in sports event program,so as to give a reasonable answer to the research on originality of sports event program in China.In addition,this part also makes clear several confusing concepts related to sports event program,so as to grasp the concept of sports event program more accurately.The second part introduces the problems existing in the original identification of sports event programs,and studies them from the academic and judicial practice.First of all,explore the theoretical origin of originality,master the identification and investigation methods of originality,and use these methods to study the investigation of originality in sports events in China.Secondly,the judicial cases related to sports events programs that have been on the Internet in China so far are selected through China's judicial documents network and the magic weapon database of Peking University.According to certain rules,these cases are statistically analyzed to study how to judge such cases and how to apply the law in judicial practice.This research method will help us deal with similar cases or propose cooperation in the future It is of great significance to make suggestions.The third part analyzes the originality of sports event program from the characteristics of event program production.First of all,this paper analyzes the performance of originality in the preproduction process of sports events,focusing on the independence and creativity,and studies the originality embodied in new media technology,film and television shooting techniques and the commentary part of sports events.Secondly,it analyzes the embodiment of originality when the competition program is broadcast after the completion of production.Taking the stable expectation and internal expression mode of ordinary audience as the analysis direction,it refutes the main point of view of scholars who claim that the originality of sports competition program can't meet the requirements of works originality in the copyright law of China.In addition,it interspersed with the selection of materials,the selection and arrangement of shooting pictures,story creation,the use of slow motion and close-up shots and other elements to show the originality of sports events programs.The fourth part studies the identification of the originality of sports events programs in foreign countries.This part is represented by the common law countries headed by the United States and the United Kingdom,which are relatively developed in sports industry and have complete protection mode,and the civil law countries headed by Germany and Japan,which are close to the development stage of China's current sports industry.These countries have an early development of sports industry,and the research on the originality of sports events programs is relatively perfect,so as to clarify China's sports system The originality of the program is of great significance.The fifth part is about the suggestion of the original identification rules of sports events.For different types of sports events,according to their relevant characteristics,they are divided into story creation sports events and content recording sports events.And with its originality,it can be divided into two categories:film works and video products.