Protection Of Copyright For Pictures Of Sports Events In Network Transmission

With the advancement of network technology,Network transmission has become the most primary way for the spreading of pictures of sports events,at the same time,online piracy also becomes the biggest reason for the interests' damage of disseminators engaged in sports events.In this regard,it not only diverts the audience,but also makes the AD values underestimated,which brings huge losses for the disseminators engaged in sports events.Although more and more disseminators file a law suit against those online piracy players,it is found out after analyzing the cases in judicial practice that there is a big probability for those online piracy players not to be judged for guilty and take any responsibilities for their behaviors or they just need to pay little cost for that.The sharp contrast between relatively lower cost for breaking the law and higher profits in piracy makes those online piracy players more rampant.In practice,the main reasons for the ineffective protection provided for pictures of sports events include: one.it is lack of legal basis for event organizers in terms of “right of rebroadcasting”,namely right of rebroadcasting for the paid permission disseminators.In this regard,it leads to the consequence that the disseminators can not stop piracy playing of sports events by relying on the rights obtained in this aspect.Moreover,they also face the risk of qualification of litigation subjects being questioned when carrying out lawsuit.Two.For the “fixed”pictures of sports events,there is chaos of legal applications in judicial practice because of disputes in legal attributes.Three.For the “unfixed” pictures of sports events,namely the live pictures of sports events,it is lack of rights basis for events disseminators in“copyright law” because of lagging of laws.According to the above-mentioned problems,the paper proposes the relevant solutions respectively.For the situation that the events organizers are lack of legal basis in terms of “right of rebroadcasting”,there are two solutions after analyzing the relevant laws in each nation: one is to formulate the specialized regulations in sports law;two is to set up the regulations in the related rights of copyright law.In terms of qualitative dispute on the “fixed” pictures of sports events,the paper firstly sorts out the qualitative omissions related to theory and practice before the judgment of second instance in Sina filing a lawsuit against IFENG.COM.Theprevious theory and practice omit the stipulations in copyright law of China.Being fixed is the premise for the qualitative pictures of sports events.As long as the pictures are not in line with the fixed condition,there is no need for further qualitative analysis;secondly,the paper mines the fundamental reasons for the existence of qualitative disputes--lack of originality standards after analyzing the two major versions of qualitative disputes as electronic works and video works.Then,it determines that the one suitable for our country should be the originality standards with higher attributes of mainland Chinese laws after comparing the originality standards of the two legal systems in continuous picture protection and combining with the protection of relevant rights of copyrights by dichotomy for the continuous picture.Therefore,the legal attributes of fixed pictures of sports events in China should be video works.In terms of the lack of legal basis for the“unfixed” pictures of sports events,the current copyright law should be revised so as to adjust the non-interactive mode of transmission which is rapidly developing.After the broadcasting organization right is expanded,the network transmission mode is engaged in its scope of adjustment and the network live platform is also engaged in the subject of broadcasting organization right,which helps to protect the right of disseminators in the“unfixed” pictures of sports events.