Copyright Attributes And Legal Protection Of Sports Event Programs

With the rise of the sports industry,sports event programs have become hot.Some criminals have seen illegal use after seeing the benefits behind sports event programs.Courts around the world have heard more and more cases related to sports event programs.The judgments of the courts in various regions on sports event programs are inconsistent.By horizontally comparing the judgment results of the courts,it can be found that the main problem that arises from this phenomenon is that the court has disputes on the copyright attributes of sports event programs,which leads to The right holders of sports event programs have no way to protect the sports event programs.This has also spawned the phenomenon of piracy.Obviously,China needs to increase the protection of sports event programs in the "Copyright Law" and other aspects.This article adopts the method of case analysis,taking CCTV International Company v.Storm Company as the main line,and exploring the reasons from the legal protection of the copyright of sports event programs: in terms of the copyright attributes of sports event programs,we compare the originality of sports event programs in China and some countries outside the region.Judging standards and mainstream doctrines,trying to propose an original judging standard suitable for judicial practice in China,which can legally and reasonably judge whether sports events are works;by analyzing whether the plaintiff in the case is a qualified subject,to explain each of sports events The source of power of the party’s right holder;by analyzing whether the defendant in the case constituted an infringement,explain the conditions that constitute current news reports and the behavioral characteristics of the infringement of reproduction rights and information network transmission rights.At the end of the article,the author puts forward perfect suggestions for the protection of sports event programs in China,such as the establishment of its rights to protect sports eventprograms in special sports legislation for the organizers of sports events or the establishment of a neighboring right in the Copyright Law Protect the organizers of sports events;by combining the existing foreign legislation and the revised draft of China’s "Copyright Law" to define the connotation of audiovisual works,demonstrate the possibility that sports events programs constitute audiovisual works,and look forward to identifying sports events as audiovisual works in the future It can also be explored under the existing legal framework,through regulations and other regulations to regulate the sports event broadcast market;starting from the interests of the people,it is necessary to explore a dynamic balance of interests that protects both the rights holders of sports events and the public’s right to know.