| With the rapid development of network technology and the sports industry,watching live broadcasts of sports events has become a popular pastime for national sports enthusiasts.This provides a new opportunity for the development of China’s sports industry,but the opportunities are also facing challenges because of their behind Hidden huge benefits,and legal disputes caused by it in recent years have also increased.The infringement cases of live broadcasts of sporting events have increased substantially in various courts.The phenomenon of "different judgments in the same case" has caused a great discussion in the theoretical and judicial circles on whether the live broadcasts of sporting events have copyright attributes.How to protect them under the current copyright law The live broadcast of sports events is a problem that has research value and needs to be solved urgently.Through the analysis of relevant judicial cases,we can find that the current protection of live broadcasts of sports events in China has "qualitative differences and unclear application of laws." According to the combing of "live broadcasts" and related concepts and the summary of case disputes,its shortcomings The root cause lies mainly in the ambiguity of the standards for judging the copyright of live broadcasts of sports events and the lag of China’s current "Copyright Law." In order to solve the problem of ambiguity in standards and lag in law,the "fixed" requirements for audiovisual works From the perspective of development and logical judgment,it analyzes and proves the irrationality of its existence,and concludes that"fixed" should not be the standard for the composition of sports live broadcast pictures.Through the comparison of the originality standards outside the region and the "creative height" currently adopted in China Criticizes that the connotation of "originalism" lies in the existence and nonexistence,not high and low,so as to clarify the originality requirements.In addition,according to the method of combining subjective and objective,the live broadcast of sports events is classified and processed into" "Narrative type" and "record type",and type their originality.In the context of three revisions to the Copyright Law,according to China’s technological development status and theoretical research results,in order to obtain more effective protection of live sports pictures,it is necessary to include "narrative" live sports pictures in the ranks of audiovisual works,Modify the scope of the information network transmission rights to extend it to the "non-interactive field",the "record-type" sports events live screen into video products,expand the license rights of video producers,improve the main body and scope of broadcasting organization rights To supplement it,build a double protection system for live broadcasts of sports events. |
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