The Correction,Type,and Balance of the Data Property Right Theory of Sports Broadcasting Rights from the Perspective of Bundle of Rights——An Institutional Interpretation Based on Article 52(2)of the New Sports Law
The Correction,Type,and Balance of the Data Property Right Theory of Sports Broadcasting Rights from the Perspective of Bundle of Rights——An Institutional Interpretation Based on Article 52(2)of the New Sports Law
The research methods of literature consultation and logical analysis are used to explain the evidence and shortcomings of the data property right theory of sports broadcasting rights,and to analyze the necessity,feasibility,and functional development of the bundle of rights theory.It is found that the theory of data property rights provides ideas for defining the ownership of the right to broadcast sports events and determining the basis of the right to claim,but there are still the following shortcomings:it ignores the possibility of multiple subjects of the right to broadcast sports events as stipulated in Article 52(2)of the new Sports Law;it fails to realize the positive power construction of the right to broadcast sports events;it may aggravate the absolute monopoly and monopoly of sports event data by the organizers of sports events.In this regard,the bundle of rights theory,as an analytical method,can explain the phenomenon of intertwined rights of multiple subjects in the chain of sports event broadcasting,recognize and describe different rights claims in a more flexible manner,and clarify the basis for determining the subordination of values after the conflict of rights.At the same time,given the existence of a bundle of rights in the broadcasting of sports events,and the interest,enjoyment and exclusivity of property rights,the functional development of the bundle of rights is feasible.Accordingly,the following paths are explored:bridging the gap between the existing research results and the relevant provisions of the new Sports Law;clarifying the positive structure of the right to broadcast sports events;and realizing the balance of interests among multiple subjects in the chain of the right to broadcast sports events.
关键词
体育赛事转播权/数据财产权/权利束理论/价值位阶/利益衡平
Key words
sports event broadcasting rights/data property rights/bundle of rights theory/value ranking/balance of inter-ests
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