Research On The Problem Of Infringement Of Sports Competition Programs

Under the background of the rapid development of communication technology,live sports programs with high copyright fee suffer from piracy and infringement,and related disputes occur frequently.Such cases generally take a long time and are relatively controversial.On the one hand,because there is a certain blank in the provisions of the legal nature of live sports event programs,different scholars have different judgments on the originality criteria and different perspectives on the analysis of sports event programs,there are many disputes in the theoretical circle on the identification of the object attribute and the basis of the claims of the infringed party.On the other hand,in practice,the court has different remedy paths,different judgment results,and weak protection for the infringed,and the amount of compensation is usually far lower than the amount claimed by the plaintiff.The third amendment of the Copyright Law expanded the right of broadcasting organization,but the current judicial practice has not reflected the response to the changes of relevant provisions.Under the dual needs of theoretical research dilemma and practical significance,this paper intends to study the controversial issues in the legal relationship of the broadcast of live sports programs.The second chapter of this paper analyzes related concepts,expounds the necessity of using the word "program",and makes it clear that the infringement types studied in this paper include live broadcast infringement and replay infringement.Through sorting out relevant judicial cases in the third chapter,the author found the judgment dilemma of qualitative inconsistency of object attributes,inconsistency of applicable legal basis and unclear distribution of tort liability.In the fourth chapter,the author analyzed the above dilemma respectively from the elements of the legal relationship of intellectual property infringement,in order to put forward suggestions for improvement.First of all,in terms of object attributes,neither the originality standard based on the structure of "dichotomous system" nor the value and characteristics of live sports programs cannot satisfy the constituent elements of audiovisual works.Secondly,in terms of the right of request,based on the author’s broadcast right,information network transmission right and video producer’s right claim have certain limitations.Under our current legislation framework,it is a more reasonable program to remedy theft infringement by perfecting the right of broadcast organization.According to the principle of technology neutrality and interest balance,this paper suggests that some network broadcasting organizations should be included into the category of broadcasting organizations,and the relief system of broadcasting organizations’ rights should be improved on the basis of defining live sports programs as the results of neighboring rights.This is not only in line with the trend of international legislation and judicial experience,but also in line with the internal logic of the third amendment of our Copyright Law.It is also conducive to the coordination of copyright and adjacent right system and the construction of a more rigorous dual structure model.Finally,in terms of liability,we should first clarify the applicable conditions of the exemption situation,and improve the compensation system of pirated broadcasting infringement damages accordingly,perfect the application of punitive compensation system,supplement the compensation amount from the perspective of unfair competition,and appropriately reduce the plaintiff’s burden of proof,reduce the difficulty of rights protection,and improve social warning.