| This paper studies the rights attribute,subject,object,right content,tort and legal protection of new media broadcasting rights of sports in China by means of literature,comparative study,case analysis and expert interview.The results show several conclusions as follows:The new media broadcasting rights of sports have the advantages of fast-moving,fast-updating,rich in content,large amount of information,diverse forms of communication,convenient way of receiving and spreading borderless restrictions.However,there are also some disadvantages like serious irregularities of infringement,lack of standardized language and technological development Immature,the shortage of professional and technical personnel.Sports events programs and difficult items in the performance of sports belong to the work by the copyright law protection.Sports include major categories of physical fitness,accuracy and skills against are projected by the commercialization rights.The main body of the right of new media broadcasting rights of sports is the organizer of sporting events with the rights of using,permission,proceeds and prohibitions.The object of the new media broadcasting rights of sports is the sports organizer or the sports league.The right of the new media broadcast rights of sports events includes the right of publicity of the distribution of sports information,the right of market development and the right of prohibition of sports rights,the access rights of sports-related data and other rights related to sporting events.The main body of the sporting event program refers to the authorized new media organization;the object of the sporting event program refers to the live broadcast,broadcasting and on-demand signal of the new media authorized broadcasting organization.The content of the sporting event includes the exclusive broadcast of the sporting event And the right to broadcast,the distribution of sports news broadcast rights,sports news coverage rights,sports events and the right to use intangible assets,sports events online video advertising investment development rights and income rights,sports events signal reproduction and modification,The prohibition of the broadcast of the sport and the on-demand and other rights related to the subject of the copyright.The infringement of the new media broadcasting rights of sports is mainly manifested in the unauthorized broadcast of the video;the unauthorized website provides the public with links to the relevant events and on-demand services,blogs,podcasts and other personal users to upload the event information without authorization.Relevant departments should be based on the types of network infringement and the nature of the different circumstances,from the consultation,civil relief,administrative relief and criminal relief in four aspects of the network copyright infringement relief.The legislation of new media broadcasting rights of sports in our country is still blank,and the right attribution is not yet clear,and the protection mechanism of right infringement is not perfect.China should improve the legal system of sports rights of sports events as soon as possible,perfect the infringement enforcement mechanism of new media broadcasting rights of sports,establish the infringement prevention mechanism of new media broadcasting rights of sports,and standardize the agreements of new media broadcasting rights of sports in China. |
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