Copyright used to be called copyright. Below I bring you references to copyright papers, hoping to help you.

Copyright protection of sports event programs

With the development of Internet technology, the mode of communication of sports events has changed greatly. Because the nature of sports events is not clearly defined in China's copyright law, how to deal with all kinds of infringement phenomena caused by communication mode under the Internet environment is controversial. In the revision of China's copyright law, we should learn from the experience of developed countries in how to coordinate the contradictions between conflicting subjects and safeguard the overall interests, and bring sports events into the category of audio-visual works protected by copyright law.

Keywords sports events; Sports event programs; originality

In recent years, the sports culture industry has become a big international trade industry, and the sports industry in China has also ushered in a new round of opportunities and development. With the development of science and technology media industry, sports event broadcasting business has gradually attracted social attention. However, the prosperity of sports event broadcasting business has also led to the continuous emergence of related infringement disputes. At present, there is no clear regulation on the definition of the legal attributes of sports events and the corresponding copyright protection in China. In practice, there are disputes about the nature of sports events. Most local courts believe that sports events do not meet the requirements of originality, and their nature is "video products", which should be protected by neighboring rights. Take Sina as an example. Com v phoenix. Com, the court innovatively believes that sports events programs belong to works and are protected by copyright, which has triggered a new round of discussion on the nature and rights protection of sports events programs.

First, the definition of the legal attributes of sports events programs

In China's copyright law, producers of video products enjoy the right of their video products as neighboring rights, and obtain rights by spreading their works. Authors enjoy copyright and obtain rights by creating works. Generally speaking, the scope of rights enjoyed by copyright owners is greater than that enjoyed by neighboring rights holders. Whether a sports event program belongs to a work or a product determines whether it is protected by copyright or neighboring rights. According to Article 2 of China's Regulations on the Implementation of Copyright Law, "Works referred to in Copyright Law refer to intellectual achievements that are original in the fields of literature, art and science and can be reproduced in some tangible form". Therefore, works in the sense of copyright law must be the intellectual achievements of human beings first, secondly reproducible and thirdly original.

(A theoretical analysis of whether sports programs can be copied.

Some scholars believe that sports events lack the necessary condition of works-reproducibility. The traditional copyright law not only protects the original expression, but also protects the expression with certain aesthetic feeling to the thought, idea or emotion. As a competitive sports activity, sports events show sports strength and skills. No matter whether the action combination is "original" or not, because it is not aimed at showing the beauty of literature, art or science, it cannot constitute a work in the sense of copyright law. Of course, in competitive sports activities, the audience can sometimes appreciate beauty, such as the light dribbling and passing of football players and the graceful tumbling of divers in the air. However, these aesthetic feelings are incidental to the display of physical strength and competitive skills, and cannot be separated from competitive skills and protected by copyright law. This view conforms to the principle of copyright law, however, this view is aimed at sports events rather than sports event programs. As an objective fact, sports events are hard to be protected by copyright law because of their unrepeatable process. However, sports event programs are different from sports events themselves. It means that in the process of sports events, it is composed of subtitles, replays or close-ups through camera position setting, camera lens selection, host's explanation, reporter's interview and director's participation. It is processed into sports event signals by cameras and other equipment, and then transmitted by high-power equipment for TV viewers to watch. Competitive sports activities show sports strength or skills, not for the purpose of showing the beauty of literature, art or science, and cannot constitute works in the sense of copyright law. However, sports event programs are different from sports events, which include a series of post-processing program production behaviors such as images, words, dubbing and editing. All of them are integrated into the creative work of the producer, so they belong to the intellectual creation achievements of the producer. And as the carrier of sports events, it has obvious reproducibility.

(2) Theoretical analysis of whether sports programs are original.

There are different understandings of the originality of sports events in practice. 20 10 Guangzhou Intermediate People's Court heard the case of CCTV International Co., Ltd. v. Century Long Information Network Co., Ltd. for copyright infringement, and held that "the choices and expressions that filmmakers can make according to their own will are very limited, and filmmakers are not in a dominant position". Because sports events are not original, they are regarded as video products. 20 15, in the battle of Sina. Com and phoenix. Regarding the right to broadcast sports events, the court found that "the pictures seen by users are not completely consistent with the scene of the events, nor are they completely synchronized." This shows the production process of its broadcast, including not only the recording of the game, but also the playback, the close-ups of the game and the players, the on-site and off-site, the players and the audience, the whole and local pictures, as well as the comments and explanations of the whole audience. The formation of the above picture is the result of the director's choice of shots, that is, the selection and arrangement of multiple shots taken by multiple devices. In this regard, although there is no original standard in law, it should be considered that it is undoubtedly a creative labor to select and arrange the recorded shots of the game to form a new picture for viewing. Creativity will produce different' picture effects' from different choices and different productions, which just reflects its originality. Different from ordinary TV programs, sports events programs have the characteristics of live broadcast and real-time. After making selective choices for different sports events, the director tried to restore the events themselves. In order to meet the viewing needs of activity lovers, the production of the program includes the director's pre-planning, seat arrangement, lens editing, host's explanation, picture editing and so on. , embodies the director and other primitive labor, has a certain originality. Therefore, sports event programs as a whole should be protected by copyright law.

Secondly, the provisions of European and American jurisdictions on the legal attributes of sports events programs.

Looking at the development history of copyright, it is a history that copyright, a special property right, has been expanding with the development of replication and communication technology. Nowadays, the progress of internet technology has produced more replication and dissemination technologies. For example, in streaming media technology, continuous image and sound information are compressed and put into the website server, and the video server sends each compressed package to the user terminal sequentially or in real time, so that the user can watch the video while downloading, without downloading the whole compressed file to his own terminal. When 1976 revised the copyright law to make a congressional report, the United States described the sports event program in this way: "There is a football match, four cameras are placed on the court to shoot from different angles, and a director sits in the studio, selects or switches pictures from the four cameras and broadcasts them on TV, which constitutes an original work." It is classified as "audio-visual works" in 1997, and sports events are considered to be sound, video or a combination of both. British judicial precedents also support the question of whether sports events can be protected by copyright. The United States and the European Union both adhere to the principle of technology neutrality and the principle of overall effect to balance the interests of traditional media and emerging media when dealing with similar cases of streaming media technology infringement in the broadcast of sports events. Drawing on relevant experience and lessons, China abolished the distinction between "cinematographic works and works created by similar cinematographic methods" and "video products" in the draft copyright amendment, and all of them were included in "audio-visual works", stipulating that audio-visual works refer to works that are composed of a series of continuous pictures with or without sound and can be perceived by means of technical equipment, including movies, TV dramas and works created by similar cinematographic methods. This amendment effectively solved the dispute about such protected objects.

Third, the conclusion

Intellectual property rights are property rights created by law based on public policies. Intellectual property rights are created to encourage people to engage in literary and artistic creation and invention and protect related specific interests. With the rapid development of internet technology, the interests of traditional radio and television operators have been severely hit, and the balance of interests set by copyright law has also been broken. Therefore, we should strengthen the legal protection of sports events and devote ourselves to the healthy development of sports culture in China.

References:

Wang Qian. On China Broadcasting [J]. Jurist, 20 14(5).

[2] Wang Qian. On the Copyright Protection of Sports Event Scene Pictures —— Also on the Copyright Protection of Sports Event Scene Pictures [J]. Law, 20 16( 1).

[3] Hu. Reconstruction of the rights protection system of broadcasting organizations in the field of information technology development [J]. Law Research, No.5, 2007.

[4] Lin Ziying. Intellectual Property Protection of Sports Events' Webcast Pictures [J]. Intellectual Property in China, 20 15(9).

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