Research On The Copyright Law Protection Of Sports Events Broadcasting Rights

In recent years,sports events have gradually shown an international and commercial development trend.The trading of sports broadcasting rights is the main economic source of the sports industry.However,the frequent occurrence of illegal broadcast has seriously damaged the economic interests of right holders.China’s legal and judicial interpretations do not stipulate "the sports broadcasting events",and the academic circles have different opinions on the concept and nature of the sports events broadcasting right.In the judicial practice of our country,the protection of the sports events broadcasting rights mainly faces two basic problems: firstly,whether the sports events broadcasting rights are protected by the copyright law;secondly,if it is protected by the copyright law,what rights it belongs to copyright.The solution of these two problems depends on the definition of the concept and nature of the sports events broadcasting rights.The concept of the sports events broadcasting rights should be sorted out and defined with reference to the rights attribution and trading objects in the broadcasting rights trading of sports events.Different conceptual levels of sports broadcasting right have different rights nature.On the basis of clarifying the meaning of the term "broadcast",this paper defines the concept of the sports events broadcasting right as the entry point,and divides the sports events broadcasting rights into two levels: the first level of sports rights is the organizer of sports events.The nature of the intangible property belongs to the organizer.The nature of the second-level sports events broadcasting rights is that the broadcasting organizations authorized by the organizers of the sports events can live sports events and grant authorization to other broadcast organizations to broadcast simultaneously.The sports events organizers and the broadcast organizations have the right to remuneration.When sports events are recorded by carriers and broadcast to the public through television and other media,sports events become some "original" sports events programs.The broadcast organization as a producer of the sports event program has the copyright of the program.The Copyright Law stipulates that broadcasting organizations have the right to the programs they broadcast,and they have the right to permit or prohibit other broadcasting organizations from broadcasting sports programs.The nature of the broadcasting rights of sports events at this time is the neighboring rights.