Copyright Protection Of Live Broadcast Pictures Of Sports Events

In 2022,China successfully held international sports events such as the Winter Olympic Games and the winter Paralympic Games,which once again triggered an upsurge of all the people watching sports events.While the Internet is convenient for spectators to watch sports events online,it also leads to the frequent occurrence of network piracy of sports events.In view of this problem,the academic and judicial circles have aroused extensive discussion.Due to the lack of clear provisions on the live broadcast pictures of sports events in the copyright law,there are different opinions on how to characterize the live broadcast pictures of sports events and what ways to protect them.On June 1,2021,the new copyright law was officially implemented,with some amendments,which provided ideas for solving relevant disputes,but there are still some deficiencies in judicial application.Therefore,it is necessary to comb and discuss the relevant issues again under the background of the implementation of the new law,and study the protection path under the implementation of the new law.Through comparative analysis,this paper clarifies the differences between the live broadcast picture of sports events and related concepts,and defines the connotation and extension of the live broadcast picture of sports events.By combing the typical cases of copyright disputes involving online piracy of sports events,the focus of the dispute is sorted out in the form of tables: the legal nature and protection ways of live broadcast pictures of sports events.The legal disputes mainly focus on whether the live broadcast pictures of sports events meet the standards of originality and fixity.For the standard of originality,that is,the dispute between "whether there is originality" and "high and low originality".This paper advocates to choose the judgment standard of "originality" and believes that the "originality" needs to meet the minimum originality height,that is,as long as the live picture that meets the "selectivity of expression space" meets the minimum originality requirements.For the fixed standard,it is considered that the behavior of recording and broadcasting meets the fixed standard.This paper combs the protection status of live broadcast pictures of sports events in different foreign countries in the copyright law.Through comparative analysis,it is pointed out that the protection effect of live broadcast pictures of sports events in China’s existing copyright law is different from that in foreign countries.I hope to learn from foreign experience and provide ideas for the disputes over the protection of live broadcast pictures of sports events in China.Therefore,suggestions are put forward from the legislative and judicial levels.First of all,it is clear that the legal nature of some live broadcast pictures of sports events is the "audio-visual works" in the new copyright law,which is included in the protection of the copyright law.Secondly,the establishment of "the right to communicate to the public" is used to solve the disputes over protection channels.Finally,it is hoped that through judicial interpretation and guiding cases,we can provide typed judgment paths and establish standards for the "originality" and "fixity" of live broadcast pictures of sports events.