| With the improvement of living standards,the culture of the people for the spiritual world who filled difficult flat,sports cultural industry arises at the historic moment.Especially in the current rapid development of the Internet era,the development of science and technology gives people more avant-garde life experience,such as network broadcast platform and mobile client rise,people can watch or retrospective anytime and anywhere around the world on the splendor of the sports events,gripping the "four grand slam" tennis championships,the profusion of extraordinary splendour of NBA games,was simply the football World Cup,and let the whole world boil and stars held once every four years the Olympic Games.But at the same time,it is because of the charm of sports makes people attention of them,this also gives some crooked brains were moved for the development of information technology and the "people" to bring a piece of "opportunities"-steal broadcast live sporting events to acquire their own "hollowing out".Have interest to the existence of dispute of convenient,statutes of hysteresis is bound to court sports events programs such infringement problems.At present,the "copyright law" about sports events program regulation is still in a blank stage,different parts of the court's trial basis and the result is big also different.If the sports events programs as a works,so its original height decide its belong to what kind of work;If a work,actually get it violated copyright rights and interests;If treat it as a kind of products,can enjoy the rights of the obligee to meet their own needs.So the author through the amend the copyright law of our country of this opportunity,for live sports events program of copyright can be analyzed,in order to improve the sports live TV in our country's copyright law in the field of protection to contribute a little.The article divided the following three parts:The first chapter is mainly that our country sports industry development and the present condition of the legal protection of the programs.This chapter is divided into three sections.The first section is through the data to illustrate the industry development status quo of China's sports events programs;The second section is our country sports events programs copyright disputes can be divided into three types,and combined with related cases in this paper,the current our country legal protection status quo of sports events programs;The third section is to clarify sports show the legitimacy and necessity of legal protection.The second chapter is mainly on the legal attribute of the live sports events program comparative analysis.This chapter is divided into five sections.The first section mainly defines the live sporting events,sports events programs,live sports events programs,sports events programs transmission signal,sporting events and the concept of "live" and distinguish between them.In the second quarter from the first copyright law constitute the three elements in the works,and analyses live sports events program can defined as work,if work,then analyzes its belong to what kind of work.The third section is the "copyright law" in the revision draft of the new concept--"audiovisual works",through the analysis of the legislation than in other countries and regions live sports events program could fall under audiovisual works and protected.The fourth to the sixth section is mainly to define "current affairs",video recordings and radio and television's concept,after live sports events programs are respectively a certain distinction.The third chapter mainly based on the second chapter discusses the content,combined with the case at home and abroad,this paper choose protect live sports events program system in China.This chapter is divided into four sections.Three separately live sports events program in copyright,and the pros and cons of relating right,the protection of anti-unfair competition law,the last section briefly explain the specific system design is reasonable. |
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