Research On The Copyright Protection Issues Of Internet Sports Events Live Program

With the development of internet technology and relevant policy was enacted,the vitality of online sports events live industry has been activated.However,we must realize that there are many problems and risks behind the prosperity,such as illegal live acts,it is widespread and hard to govern,and also threaten others’ legitimate rights.At the same time,the Copyright law of our country is not thorough,legislative gap and inconsistent judgement is existed.In this context,the purpose of this paper is offering some suggestions about building a synthetic protection system based on clarifying the legal nature and rights attribution of internet sports events live program,make some efforts for a better protection mode for Chinese internet sports events live program.There isn’t a clear definition of internet sports events live program in Chinese Copyright law now,after a specific analysis for images of sports events live program,and an originality comparison between different legal systems,the author’s conclusion is the internet sports events live program can be defined as film-similarity work,and in the future,it will be defined as audiovisual work.To analyze the ownership of rights means to discuss the specific rights of each participant in the production process of the live event program on the basis of clarifying the legal nature of the live event program,including the rights of the organizer,the rights of the picture producer,the rights of the program transmission,the rights of the performer and the rights of the individual author.The organizer can be divided into the program organizer and the event organizer.When the two are the same subject,the organizer enjoys the right to develop and utilize the program.The rights of the producer of the picture are determined by whether the producer is dispatched by the organizer.Generally speaking,the copyright of the program still belongs to the organizer,but the producer of the picture can share the property part of the copyright or enjoy the rights of broadcasting according to the circumstances.The rights of the program communicator depend on the specific authorization type obtained by the communicator.If the original live signal is obtained,the program can be made on the live signal and enjoy the copyright.If only the broadcasting authorization is obtained,the programdoes not enjoy the copyright of the game picture.The performer directly enjoys the right of the performer in the adjacent right,without the right to share the copyright of the program.In addition to enjoying the copyright of his or her work,the author of a single work may determine whether or not he or she can share the property part of the program copyright according to the agreement between him or her and the organizer.Although the rights involved in network sports live programs are mainly copyright,their huge commercial value often leads to unfair competition.Therefore,from the point of view of legal protection mode,simply adopting copyright law(including neighboring right)and anti-unfair competition law has some shortcomings,so it is necessary to adopt comprehensive protection mode.In terms of specific legal protection,the copyright law and the anti-unfair competition law should be used separately or in combination to protect the infringements of the online sports live programs,so as to fully relieve the infringements.