| With the development of Internet technology,the way of broadcasting sports events has gradually shown a diversified trend.A large number of Internet emerging platforms such as webcasting platforms and video websites have appeared,and unauthorized broadcasts of live sports events have been carried out without authorization,which has led to many copyright legal issues.In terms of academics,the academic circles have different opinions on the nature of sports events,and there is no conclusion.In legislation,because the current "Copyright Law" has a certain lag,not only fails to include sports events in the scope of works protection,but also the rights of broadcasting rights,information network communication rights,etc.,which have insufficient protection scope,making sports events No matter whether it is characterized as a work or a video product,it is impossible to regulate the real-time broadcast behavior of the network.In turn,the phenomenon of different cases in this case is not uncommon,which has caused many difficulties in judicial practice.Therefore,this paper selects typical judicial practice cases as a cut-off,sorts out and studies the related copyright issues of sports events,and proposes possible countermeasures to better guide judicial practice.In addition to the introduction and conclusion,the text is divided into four parts:The first part briefly introduces what is the broadcast of sports events,and analyzes the related concepts.It points out that the copyright object studied in this paper is a sports event program,which is also the research focus of this paper.On this basis,this part selects a number of typical referee cases for analysis,clarifies the status quo of the same case,and leads to the reality that the nature of sports events in the judicial practice is vague and can not effectively regulate the infringement of online piracy.The second part points out that the qualitative controversy of sports events is based on the level of originality standards,and further analyzes the nature of the works of sports events from the perspective of “ingenuity + fixability”,and considers it more reasonable to classify them as works.Moreover,the reason why the "Copyright Law" regulates the cyber piracy behavior is that the scope of protection of related rights is insufficient and the allocation of rights is missing.The third part compares and analyzes the relevant legal provisions,judicial precedents and academic views on the protection of sports events in Europe and the United States.In contrast,China’s shortcomings in the protection of copyrights in sports events,and its useful experience,broadcasting rights,broadcasting organizations The terms of the rights are further improved to avoid the negative application of the anti-unfair competition law or the protection of the copyright law.The fourth part proposes the following legislative amendments for the issue of copyright in the broadcast of sports events: for the qualitative definition of sports events,adjust the scope of protection of works,and clarify the types of sports events as "audio-visual works";Behavior,modify the right to broadcast as the right to broadcast,expand the scope of adjustment of the rights of broadcasting organizers,and achieve control over the Internet. |
