Research On The Copyright Protection Of Live Sports Events

The development of the internet live streaming industry has brought tremendous changes to people’s production and life.The continuous integration of the sports industry and online live streaming has shown a positive development trend for various sports events.However,against the backdrop of the rapid development of sports related industries,online infringement has triggered a series of lawsuits.The different judgments of courts on similar cases have sparked a discussion in the theoretical community about the legal attributes and copyright protection of live sports events.The third revision of the Copyright Law has adjusted the types of works,expanded the scope of broadcasting rights,and appropriately clarified the right to information network dissemination.The revised Copyright Law has alleviated the pressure on copyright protection of live sports events,but it also puts higher demands on the court in the process of adjudicating related cases.With the application and popularization of 5G technology,the mode of video transmission has also changed.The emergence of different types of live streaming has blurred the boundary between interactive and noninteractive communication,bringing huge uncertainty to the copyright protection of live sports events.In order to clarify the legal attribute and copyright protection of the live sports events,this paper starts with a comparative analysis of two typical cases,Sina v.Tianying Jiuzhou and CCTV International v.Storm,which are controversial,and summarizes the differences and disputes between different courts on the same kind of cases in terms of attribute determination,protected mode selection and right relief.And according to this writing logic,demonstrate the copyrightability of live sports events.Within the framework of the current Copyright Law,analyze and explore the copyright protection methods for live sports events.At the same time,from the perspective of comparative law,by comparing the theoretical differences in originality standards among different legal system countries.Discuss the feasibility of using "originality" as a criterion for judging whether intellectual achievements can constitute works in China,and draw a conclusion that the live sports events meet the requirements of works composition,which can be included in copyright protection.After clarifying its legal attribute,this paper compares several common legal remedies in judicial practice,and comprehensively analyzes the deficiencies of the protection of neighboring rights and the protection of anti unfair competition law.Under the binary system of copyright and neighboring rights,this paper demonstrates the necessity and feasibility of copyright protection of live sports events,and believes that the pursuit of copyright law protection should be the best choice for similar cases.Finally,based on the characteristics of audiovisual works,the definition and classification of audiovisual works are clarified to fill the gap in the relevant concepts of audiovisual works in China’s copyright legislation.On this basis,combined with the legislative background of the modification of broadcasting rights and other rights,this article advocates the establishment of the "right to communicate to the public".From the perspectives of legislation,judiciary,and public participation,consolidate the theoretical achievements of copyright protection for live sports events,and implement protection methods into judicial practice,jointly promoting the development and prosperity of the sports industry,and improving the international competitiveness of China’s sports economy.