Research On Legal Protection Of Broadcast Right Of Sports Events In China

Sports industry has become the most dynamic and highly permeable,cross,pull green industry and sunrise industry in the 21 st century.The development of China's sports industry has entered the fast lane under the strong impetus of the national top-level policy and the vigorous consumption demand.In 2014,the State Council document No.46: speeding up the development of the sports industry in 2025,the total scale of the sports industry over 5 trillion yuan quantitative target.Sports industry this blue sea market has been injected a lot of capital,developed a lot of commercial value professional league,sports events copyright purchase market is flourishing.In the face of the temptation of great commercial interests,the phenomenon of stealing and broadcasting with the support of Internet technology is becoming more and more rampant,which will partly replace the spread effect of legally authorized websites,divert the number of users of these websites,and directly lead to the damage of their economic interests.The loopholes and defects in the legal protection of the right to broadcast sports events need to be filled.In view of this,this study will discuss the legal protection of the right to broadcast sports events through literature analysis,case analysis and comparative analysis.Based on the previous research results,the legal nature and ownership of the new right are clarified.By comparing the legal protection countermeasures of each country horizontally,the author puts forward some suggestions for improving the legal protection of the right to broadcast sports events in combination with the basic national conditions and judicial status of our country.This paper focuses on the legal protection of broadcasting rights of sports events in China.The full text is divided into four chapters.The contents of each chapter are as follows: Chapter one,after re-understanding the evolution of "sports events" and "broadcasting ",finally analyzes the internal structure of sports events broadcasting rights and defines the concept and nature of the new rights;secondly,it combs the views of the domestic academic circles on the legal nature of sports events broadcasting rights,analyzes the defects of students,and reiterates the views of this paper;and by introducing the operation mode of sports events broadcasting rights,it clarifies the copyright trading procedures of sports events.The second chapter carefully combs out15 sample cases,based on the legislation and judicial status of China's sports broadcasting rights,highlights the plight of China's sports broadcasting rights infringement relief.The third chapter takes the United States and the European Union as examples to examine the legal protection experience of developed countries in sports industry.For reference,it provides reference for the legal protection of the right to broadcast sports events in China.The fourth chapter is the countermeasures and suggestions on the basis of the existing protection mechanism in view of the dilemma ofthe protection of the rights of broadcasting in sports events: At the legislative level,we should improve the legal provisions of the Sports Law on the system of broadcasting license rights,amend the Copyright Law to protect the broadcast signals of sports events and the broadcast programs of sports events.At the judicial level,we should construct a reasonable system of compensation for infringement of sports events.At the administrative level,we should establish a joint law enforcement mechanism of multi-sectoral cooperation in tort relief;and at the main body of the industry,we should strengthen the industry self-discipline of new media.