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Research And Analysis On The Protection Path Of The Copyright Law Of The Live Screen Of Sports Events

Posted on:2022-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y J FuFull Text:PDF
GTID:2506306554469154Subject:Intellectual property law
Abstract/Summary:PDF Full Text Request
In the environment of the integration of telecommunication network,radio and television network and Internet,people generally choose a more convenient Internet platform to watch their favorite sports programs.However,although the development of the Internet has enriched the audience’s ways to watch the games,it has also brought an impact on sports related industries.Under the background of the absence of law and the lack of Internet users’ awareness of copyright,the frequent occurrence of stolen broadcasting of sports events naturally leads to many disputes.From the perspective of disputes,this paper summarizes the related cases of copyright infringement of live sports games in judicial practice,and finds that the court has different understanding of how to define the legal attribute and how to choose the protection path in the process of judicial practice,which leads to no clear expectation of the case judgment.This is not only not conducive to the protection of copyright,but also runs counter to the goal of promoting the rapid development of sports.Starting from the relevant practical cases,this paper first analyzes the four international standards of originality one by one,selects the standard of "skills and judgment",analyzes its feasibility,and takes this standard as the theoretical basis to analyze the originality of the live broadcast pictures of sports events,and then puts forward that the legal attribute of the live broadcast pictures of sports events can be identified by referring to audio-visual works.Secondly,by using the method of legal hermeneutics,this paper analyzes and explores the copyright protection of the obligee in the new "copyright law",and draws the following problems to be solved: after the revision of the copyright law,the legal attribute of the live pictures of sports events is still unclear,and there is no relatively stable original judgment standard for the nature of the live pictures of sports events.As for the newly revised broadcasting right and the right of information network communication,the behavior of disseminating works through the information network is controlled by the non interactive broadcasting right and the interactive information network communication right.Although the scope of protection is expanded compared with the current copyright law,with the development of the Internet,the boundary between the two rights will be gradually blurred.Finally,combined with the revision of the copyright law,the current regulations on the implementation of the copyright law and the international legislative situation in related fields,the paper puts forward four suggestions,including clarifying the legal attribute,clarifying the criteria for judging originality,merging the broadcasting right and the information network transmission right,and bringing the network broadcasting organization into the scope of the broadcasting organization right.
Keywords/Search Tags:copyright law, live sports events, works, standard of originality, the rights of broadcasting organization
PDF Full Text Request
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