Case Analysis Of Copyright Infringement Dispute About Sina Corporation V. Tianyingjiuzhou Company

At present,the sports industry has developed rapidly in China,and sports events become more and more popular,and the live broadcasting of sports events becomes an emerging industry in recent years.The object of copyright is constantly changing.Although the Copyright Law was revised in 2020,the live broadcasting of sports events was not regulated as the object protected by the Copyright Law,and even the newly revised legal provisions cannot be applied to deal with some practical problems.The legal nature of live sports programs and the path of protection are the problems brought by the current legal system.The copyright infringement case of Sina Company and Tianying Jiuzhou Company reflects these problems.Through the typical cases of copyright disputes between Sina and Tianyinjiuzhou,the main focus of the case is the sports programs,including the recognition of its originality,the definition of its legal nature and the clarification of its right protection path.First of all,the original standards of live sports programs need to be identified,and judge whether it has a personalized choice and the degree of originality in the process of identification.Although there are some limitations in the production process of live sports programs,they are still original.Secondly,the legal nature of the live sports programs need to be specified explicitly from the perspective of copyright and neighboring rights,so the live sports programs are identified as audio-visual works rather than video products by distinguish between works and products.Finally,the protection path of live sports programs need to be clarified,through analyzing the protection path of the Copyright Law,including the information network transmission right,broadcasting right and broadcasting organization right,and then analyzing the protection path of the Anti-Unfair Competition Law.The thesis suggests that the Copyright Law should be applied to regulate the real-time webcasting of sports events mainly through broadcasting right in the end.Therefore,the Copyright Law shall prevail in the protection of sports competition programs,and the Anti-Unfair Competition Law shall be considered prudently when the Copyright Law is not available.