| In the field of sports industry,the most eye-catching is all kinds of sports events.With the acceleration of the development of the integration of three networks,sports fans generally choose to watch live sports events on mobile or PC platforms,but the resulting phenomenon of network theft is becoming more and more serious.As for the legal attributes of live sports events and which mode should be adopted to protect them,there are great disputes in the judicial practice and academic circles in China.However,it is generally believed that the original disputes should be solved first to determine whether the live sports events can be recognized as works.The newly revised "Copyright Law" establishes "audio-visual works",but does not specify the specific definition.Therefore,whether live sports events can be recognized as works and classified into this newly created type of works,and whether it is more appropriate to choose the right of neighbors or the Law against Unfair Competition to protect them if the works are denied is an urgent question for us to discuss.This paper summarizes the dilemma of sports events live program copyright protection by combing the mainstream theories in academia and the judgment views of courts at all levels,and then puts forward suggestions for improvement.This paper argues that live sports events must have "originality" and "perceptibility" conditions stipulated in the Copyright Law in order to constitute works.About "originality",this paper demonstrates the feasibility of implementing "minimum creativity" standard from the originality of works standard,therefore,the live program has originality.In terms of "perceptibility",by comparing replicability and perceptibility,it is concluded that live sports events have perceptibility.After it is clear that live sports events have the attribute of "works",the specific types of works are further discussed,and it is finally determined that they belong to the "audio-visual works" newly established in the Copyright Law.This paper argues that the copyright protection of live sports events is faced with the following judicial difficulties: first,the dispute between the narrow sense of copyright,adjacent rights and anti-unfair competition law;Secondly,the unclear standard of originality leads to the unclear definition of legal attributes.Thirdly,there are defects in the protection of broadcasting rights.In order to solve the above judicial dilemma,this paper suggests: first,clarify the definition of audiovisual works,apply the narrow sense of copyright to protect live sports events;Secondly,construct the originality standard of audiovisual works of live sports events.Thirdly,establish the right of public communication to solve the defects in the application of broadcast rights of live sports events.This paper argues that only by properly dealing with the above judicial dilemmas can we build a perfect system for the live program copyright protection. |
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