| In the context of the “Convergence of Three Networks”,live sports events on the Internet have become very common.However,while the Internet enriches the way of watching matches,it also brings new challenges to the sports industry and the media industry.Due to the lag of the legal system and people’s weak consciousness of the copyright,the phenomenon of pirated broadcasting is rampant,which has caused some litigation disputes.This paper makes an empirical analysis which is aimed at the copyright infringement dispute cases of live sports events in judicial practice,and finds that there are many differences in the way courts handle such cases.It is mainly reflected in the identification of its legal attributes,the choice of rights in the path of copyright protection,and the definition of the right scope of broadcasting organizations.The inconsistency of judging standards will lead to the uncertainty about the protection of live sports events,which is not conducive to the relevant right holders to safeguard their legitimate rights and interests,and will eventually reduce the vitality of the copyright market of sports events,hindering the long-term development of China’s sports industry.Therefore,it is imperative to strengthen the copyright protection of live sports events.This paper is starting from the statistics of judicial precedents.First,it measures and selects among four originality standards,discusses the feasibility of the standard of “skill and judgment”,and on the basis of which analyzes the originality of sports live events,then puts forward that the legal attribute of the live sports events can be determined by referring to the works similar to movies.Second,using legal interpretation method,this paper discusses the protection path of live sports events under the current copyright law,and draw the following conclusions: in the copyright protection path,the broadcasting right can be amplified interpreted as be able to adjust the broadcast behavior over the Internet;the right of communication of information on networks is unable to adjust the webcast behavior;the miscellaneous provisions should not be applied blindly.In the path of neighbouring right protection,the rights of broadcasting organization cannot adjust the broadcast behavior over the Internet.Finally,combining with the third amendment draft of copyright law and the trend of international copyright legislation,this paper puts forward three legislative suggestions: clarifying the legal nature of live sports events;amending the legal provisions of the broadcasting right,and amending the legal provisions of the rights of broadcasting organization. |
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