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《Science of Law(Journal of Northwest University of Political Science and Law)》 2016-01
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The Copyright Protection of Moving Images in Live Broadcast of Sport Event

Wang Qian;  
The organizer of a sport event enjoys the " house right" and may set conditions for others to enter the stadium to broadcast the event on the real time basis. But it cannot enjoy the original copyright or neighboring right of the moving images of the live broadcast by its charter. Since the cameras set for the broadcast must meet certain standards and the director's selection of images should satisfy TV audience's stable anticipation,the originality of the moving images which form the live broadcast is limited. In China's Copyright Law, " fixation on physical object" is not a condition for a work to be protected. In addition,there exists broadcasting organization's right to protect the broadcast signals. If the requirement of originality is loosened to protect the moving images of live broadcast as the work,the significance of broadcasting organization's right will be dramatically reduced to the detriment of the logic of the Copyright Law. Therefore,the best way to protect live broadcast is to improve the provision on the right of broadcasting organization.
【Fund】: 国家社科基金重大项目(14ZDC020)“互联网领域知识产权重大立法问题研究”
【CateGory Index】: D923.41
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