Research On Copyright Protection Of Sports Event Live Programs

With the continuous development of China sports industry,major video platforms pay more and more attention to sports event live programs,and related cases of piracy and infringement occur frequently.However,how to protect its copyright is controversial.The broadcaster of sports event live programs cannot be effectively protected,which hinders the development of China sports industry." Sina v.Tianying Jiuzhou Case " is a typical case of infringement disputes in sports event live programs,which has triggered extensive discussions on the originality standards,legal nature and rights protection path of sports event live programs in theoretical and practical departments.Taking ’ Sina v.Tianying Jiuzhou case ’ as an example,this paper summarizes the focus of controversy,and uses case analysis,literature research,empirical analysis and other methods to carry out in-depth theoretical research,in order to provide reference for relevant cases,reduce the controversy of relevant cases,and promote the development of sports industry in China.The article is divided into four parts.The first part summarizes three controversial focuses through the summary of the case,namely,the determination of the originality standard of sports event live programs,the determination of the legal nature in the copyright law,and the right protection path that can be applied.The other three parts discuss the three controversial focuses respectively.First of all,for its originality standard question,judge whether the sports event live programs has originality,canbe adopt the choice space method,whether has the personalized choice space as the standard,and should carry on the case analysis rather than with other works of originality,although the production of sports event live programs is limited by some creation,but still has originality.Secondly,for its legal nature in copyright law,through the analysis of the legislative purpose of neighboring rights to protect the disseminator of works,the standard of distinction between works created by virtue of an analogous method of film production and video recording should be whether there originality rather than high or low,sports event live programs with originality,does not constitute video recording,and,sports event live programs meet the fixed standards,it ’s works created by virtue of an analogous method of film production,do not need to be classified as other works.Finally,for the choice of the right protection path,as a kind of works created by virtue of an analogous method of film production,sports event live programs should be applied to the right of broadcast,without the need to apply other rights.As a neighboring right,broadcasting organization right has subject requirements and cannot protect the interests of other non-broadcasting organizations,so it should be avoided to apply.Sports event live programs can be protected by copyright law,without the need to apply only have principled provisions without specific rights norms,and cannot fully and effectively protect the obligee ’s anti-unfair competition law.In short,for the new form works of sports event live programs,copyright protection is more in line with the purpose of copyright law legislation and the needs of the current real industry.