| The earnings from the broadcasting rights transaction occupy a large proportion in the economic value constitution of the sports industry nowadays.More and more attention has been paid to the programs of sports events,which is related to the growth in public demand for sports culture and the progress of communication technology.The huge profits of the broadcasting market not only attract a large number of legitimate medias,but also make illegal parties rush to it.There is no specific regulation or even a systematic description of the concept for the issue of the broadcasting right,which leads to a serious dislocation between legislation and the development of sports industry and policy orientation.Because of the difference between the subject and the source of the rights,the discussion about the broadcasting right needs to carry out the classification in the meaning of the live broadcasting and the program broadcasting.Scholars in academic community have different opinions on the nature of live broadcasting right.While in current judicial practice,the main issue is whether the program broadcasting right is in line with the protection requirements of copyright.The legal nature of the live broadcasting right is controversial.There are different viewpoints on the live broadcasting right in the international academic community,such as copyright,neighboring right,the real right,the creditor’s right and the intangible property right.However,each theory gets arguments and defects.Disputes of the legal nature led to the absence of confirmation for the tournament organizers’ right,and the articles of association or the contracts can not give the owners’ right enough legitimacy.According to the information attributes of sports events,it’s scientific and reasonable to discuss the legal nature of the live broadcasting right on the perspective of information property right.Generally speaking,the legal interests in program broadcasting belongs to the authorized organization,who gains different rights based on different intelligence and labor input in the process of information dissemination.It is necessary to discuss the copyright of the sports events themselves and the classification of art events and formula events before considering whether the broadcasting organizations should get copyright or neighboring right.Take these into account,we can further clarify the right of communication organizations in specific circumstances by weighing the originality degree of the broadcasting behavior. |
