Research On The Nature Of Broadcast Of Real-time Sports Event From The Perspective Of Copyright Law

With the development of Internet technology and the progress of digital technology and Internet + sports industry booming,the excellence of the new technology has brought the prosperity of the sports live TV network platform in the live enjoy sports market and brings the enormous economic benefits at the same time,also faces on the network of unauthorized infringement,as well as the risk of lack of legal protection,the healthy and orderly development of the sports industry has caused severe damage.On the network of unauthorized infringement and the reasons for the lack of legal protection to form is diversiform,and the legislative and judicial practice,the nature of sports live TV does not agree that is one of the important reasons,difficult and safeguarding rights lead to right subject being paid less,and the holder of the right cost,etc.,contributed to the infringer’s illegal malicious tort.In legislation and judicial practice,there are many different results in the identification of the nature of live sports events,mainly the dispute between products and works.Among them,works in the academic circle are divided into four categories: compilation works,electronic works,audio-visual works and other works.Scholars from the viewpoint of product theory believe that live sports events are restricted by factors such as signal production manuals,stable audience expectations and objective event conditions,which lead to limited shot selection and expression space,and fail to achieve the originality required by the works.On the other hand,scholars of the theory of works strongly advocate that directors should have the space of personalized choice in the selection and arrangement of shots.The production team has paid intellectual efforts to the production of live sports events,which meets the requirements of originality of works.In other words,the difference between the two is highlighted in the standard of originality.Although the standard of originality has a great subjective color,it should meet the objective and unified standard as far as possible when identifying objective facts.Therefore,originality should not be a standard of high or low subjective degree,but a universal and minimum standard of originality.Through a detailed discussion of domestic academic theory and judicial practice,this paper negates the nature of live sports events as video products and affirms that live sports events constitute works protected by Copyright Law.It affirms its originality from the aspects of the production process of live sports events--the preparation and recording process before the competition,the selection and arrangement of the broadcast director,and the commentary of the commentator,which meets the constitutive requirements of the general works.From the form of sports live TV work classify the types in the model the countries outside of the copyright law and international convention,on the basis of combining with China’s "copyright law" to modify its properties as audiovisual works,can with the aid of technology and equipment of perceived,with or without sound’s audio-visual works composed of a series of continuous dynamic images.In order to form a benign protection to the sports industry.