| In recent years,with the growing upsurge of "Internet + sports events",the development of the sports events live broadcast industry is in full swing.At the same time that live broadcasts of sports events bring tremendous commercial benefits,cases of infringements of online theft have occurred.The overwhelming phenomenon has caused widespread concern in the theoretical circle because the current legislation in my country has a certain loophole in the protection of live broadcasts of sports events.There are certain differences in such aspects as the legal attributes,legal application,and originality standards of live broadcasts of events.The theoretical focus of this controversy is mainly on two aspects: First,does the legal attribute of sports events live broadcasts belong to works.Or does it not belong to the category of the work at all.If it belongs to a work,does the live broadcast of sports events belong to the category of electric works or compilation works.Secondly,what legal protection channels should be applied to protect live broadcasts of events.For example,there is a big controversy over whether the application of Internet live broadcasting should be protected by copyright,neighboring rights or anti-unfair competition laws.In view of this,it is necessary for us to conduct in-depth discussions on the above legal issues in order to strengthen the protection of intellectual property rights of the rights holders of live broadcasts of sports events and create a fair and just network operation environment.In this regard,this article is divided into the following four parts for discussion,hoping to provide a certain reference value for the revision of my country's copyright law and judicial practice.The first part sorts out the current status of legal protection of sports live broadcast programs in China.By sorting out related cases,it is found that there are major differences in the legal attributes and legal application of judicial practice in China.The unified real-time relaying behavior under the Internet environment has not yet reached a unified understanding,and even some courts have directly applied the general provisions of the Anti-Unfair Competition Law for protection.As a result,the phenomenon of different judgments in the same case in judicial practice will ultimately be detrimental to the development of the sports event live broadcast industry.The second part mainly analyzes the legal nature of the live broadcast of sportsevents.The key to the dispute of the legal nature of live broadcasts of sports events lies in original standards and identification factors.By comparing the original standards of the two major legal systems,combined with the legislative origin,legislative model,and judicial practice of our country's copyright law,it is proposed that my country should adhere to the standards of originality.Immediately following the analysis of the factors that determine the originality,it is concluded that the legal nature of the live broadcast of sports events should be analyzed on a case-by-case basis.Finally,a brief analysis of the of live broadcasts of sports events is made.The third part mainly focuses on the dilemma of the legal application of sports events live broadcast programs.It mainly discusses the regulatory dilemma of real-time network broadcasting from three aspects: copyright,neighboring rights and anti-unfair competition laws.Although my country's judicial practice tends to apply the protection of the anti-unfair competition law,the protection of the anti-unfair competition law has many drawbacks,and it is not the best choice for the protection of live broadcasts of sports events.For the main body of sports events,how to seek protection within the framework of the Copyright Law is the key,so it is necessary to modify the Copyright Law to improve the relevant rights system.The fourth part mainly puts forward suggestions on the legal improvement of sports events live broadcast programs.To address the shortcomings of the current "Copyright Law" regulation of real-time network broadcasting,three suggestions for improvement are proposed.The first point is to improve the connection of relevant rights in audiovisual works and extend the broadcasting rights of works to the Internet.The second point is to add the right to broadcast remuneration to the rights of video producers.The third point is to expand the scope of the rights of broadcasting organizers and extend them to the Internet.Through the above three points of amendment suggestions,it can better help the main body of sports events to maintain their legitimate rights and interests. |
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