Live broadcast of sports events has become an important part of China's sports industry,but its existing legal protection path was imperfect.31 cases of infringement on live sports events between 2012 and 2023 by comprehensive literature review and case analysis showed that due to the unclear nature of the relevant rights and interests,the protection of live sports events by relevant laws and regulations,such as the Copyright Law,the Anti-Unfair Competition Law,and the Sports Law,under the existing legal framework was weak.It was usually difficult for the victims to have access to their rights to remedies.The study summarized the existing problems in the process of dealing with current disputes over live sports events in terms of the characterization of live sports events,the identification of the main body of authority,and the application of the law on the protection of rights and interests.Accordingly,the following measures were proposed.The legislation should define live broadcasting of sports events as a"collection of real-time data"and includ it in the category of"new types of intellectual property rights".The definition of broadcasting organizations should be broadened to cover internet broadcasting organizations.The"right to audio-visual information on sports events"should be introduced into the Law of P.R.C on Physical Culture and Sports.
关键词
体育赛事直播画面/体育赛事视听传播权/体育法/新型知识产权/实时数据集合
Key words
live image of sporting event/right to audiovisual communication of sporting event/sports law/new intellectual property right/real-time data collection