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Research On Copyright Protection Of Live Programs In Sports Events

Posted on:2022-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:S Y WangFull Text:PDF
GTID:2506306521495464Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of the sports event live broadcast industry in the Internet era,various live sports events have brought huge commercial benefits,and at the same time,online piracy infringement cases have become more and more common,causing a series of litigation disputes.The reason for this is that my country’s current laws have certain limitations and lags in the protection of live sports events,resulting in some disputes in the legal nature,application of laws,and originality standards of live sports events,which has led to judicial practice.,The judgement standards used by the courts in hearing similar cases are inconsistent,resulting in quite different judgment results,harming the legitimate interests of live sports program producers,and restricting the development space of my country’s sports event industry.In view of the above problems,it is necessary to use typical judicial precedents as the starting point to define the legal nature of live sports events,to analyze and compare the system rules of the two major legal systems,to derive my country’s original application standards,to analyze the content of its rights,and to clarify the various parties.Issues such as the ownership of the subject’s rights.At the same time,with reference to the third revision of the "Copyright Law of the People’s Republic of China"(hereinafter referred to as the "New Copyright Law")passed on November 11,2020,the law has added related content of the "audiovisual works" type and will include sports events.Live programs are a type of "audiovisual works" in order to achieve the purpose of protection.Secondly,in accordance with the principle of prior agreement in the new "Copyright Law",it is clear to which party the rights of sports events belong,so that the interests of all parties can be balanced to avoid judicial practice from falling into the dilemma of inconsistent judgments.Finally,in conjunction with the revised content of the new "Copyright Law," it proposes clear and original judgment standards,the establishment of a "right of communication to the public" and the proposal to cover the Internet field of broadcasting organization rights to protect the legitimate rights and interests of producers of live sports events.So as to maintain the fair competition order of the market in the live broadcast industry.
Keywords/Search Tags:Live sports events, The originality, Audio-visual works, Right ownership
PDF Full Text Request
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