Research On The Identification Of Live Sports Footage Works

The World Intellectual Property Organisation has stated that the economic value of the sports industry depends on commercial relationships based on intellectual property rights.In recent years,the phenomenon of online piracy of live sports footage in China has been frequent,and the interests of rights holders have suffered serious losses.As for the definition of the legal nature of live sports footage in the Copyright Law,there has been a debate between theoretical and practical circles over the criteria of "originality" and "productions".The current Copyright Law replaces cinematographic works and classical electric works with audiovisual works,providing ideas to solve the problem of characterising live sports footage,but with the existence of the video productions regime,live sports footage will still give rise to disputes between audiovisual works and video productions.The reason remains that the criteria for judging originality are unclear,leaving room for interpretation in the application of the law.The study found that in recent years,the criteria for determining originality in copyright and authorship regimes have been adapting to an objective standard of "originality or lack thereof".This article argues that the creative work of the subject of neighbouring rights takes place in the process of disseminating the work,while the creative work of the author takes place in the process of creating the work,and therefore the creative work of both subjects cannot be evaluated in terms of "originality".Whether an object constitutes a work depends on whether it is individualised at the stage of creation or dissemination,and only if the creative work takes place at the stage of creation can it be judged to constitute a work.As for the choice of the standard of originality,in view of the subjective choice of high or low judgement,which is not conducive to judicial stability,China should also adopt the objective judgement standard of "originality or not" to judge the copyrightability of live sports footage,so as to avoid the phenomenon of different judgements in the same case.