Research On The Legal Protection Of The Broadcasting Right Of Sports Events

Since the 21st century,China's comprehensive national strength is rapidly growing,along with our country people's demand for a variety of material from the spirit and life,sports,also gradually into the high-speed and healthy development of the history of the golden period,which obtain sports TV rights needed to bring social and economic benefits and income in the country in the field of sports and has played an important role in social and economic value.But in the face of this relatively new social thing,the existing problems at the legal and institutional levels are further exposed.Can see that the existing relevant laws and regulations in our country at present not for sporting event TV rights laws' define properties and clearly define the nature of the object,at the same time in our country,the network media information transmission application in the field of modern science and information technology,especially in particular,the further development of the mobile Internet and the rapid popularization of sports broadcasting rights legal protection in our country,also bring new opportunities and challenges,and the use of sports broadcasting rights infringement cases and related disputes the amount of increasingly common and involve more and more big.This paper discusses how to define the legal nature,object,legal nature and protection of the sports event broadcasting right based on the current judicial theory and practice.At present,whether the object of sports event broadcasting right is sports event or sports event broadcast program is the first question that puzzles scholars.Sports competition itself is a natural event,which is inherent and unmodified and processed,and is not directly presented in front of the senses,so it is not the real object of sports event broadcasting rights.And sports broadcasts,picture and audio is relying on sporting events of this material to create the work achievement,is a person's intelligence and labor creation after fixed by carriers,so will the whole sports broadcast program as the law should protect the more accurate,at the same time the object because after processing,editing and processing link,originality,and thus can meet China's"copyright law" in the definition of work,and the assembly work category specific works.But in judicial practice,because of mistake of sports broadcasting rights object and its properties,as well as the lack of clear legal provisions,judicial organs in the process of trial related sports rights.infringement cannot beharmonious and unified,the referee basis and judgment standards caused the phenomenon of similar cases different decisions,make the right subject rights of difficult and high cost.Therefore,it is suggested to solve the dilemma from the following aspects,such as speeding up the improvement of relevant laws and regulations,clarifying the legal right of sports event broadcasting right as soon as possible,expanding the existing broadcasting right and information network transmission right to improve the applicability of laws and so on.The main content of this paper consists of five parts:the first chapter is the introduction,which briefly introduces the research background,main content and innovation;The second chapter is the basic connotation of the sports event broadcasting right,mainly analyzes the source of the conceptual terms of the broadcasting right and its historical evolution,and demonstrates the source and nature of the legal protection of the sports event broadcasting right.The third chapter focuses on the discussion of the right to broadcast sports events should be the object of the object,and through the domestic and foreign different theories of sorting out and reflection,as well as the analysis of the match of the event information attributes and information property rights to obtain the right to broadcast sports events should be the property;The fourth chapter points out the problems and the crux of sports event broadcasting right in the judicial practice of our country.The fifth chapter,from the perspective of legislation and judicature,combined with various views of the academic community,puts forward some Suggestions and ideas on the legal protection of the broadcasting rights of evening sports events.