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《Science of Law(Journal of Northwest University of Political Science and Law)》 2018-04
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Research on Sports Network Real-time Broadcast Legal Protection Predicament and Countermeasures

Zhao Shuangge;Ai Lan;  
In the lawsuits dispute of sports live TV,protection for sporting events is to analyze the source of such cases. The " broadcasting rights" of sports events is not the one in copyright law,is a kind of enterprise rights in nature,it can only root from the legal provisions,not from various kinds of sports association articles,unless there is a relevant legal authority in the articles of association. According to the clause regulations of China's copyright law protecting " selection or arrangement",sports live TV program is neither film and television programs,and nor video recordings,it should belong to the assembly work. Of course,in the judicial dilemma,this type of program is not only embodied in different qualitative,but also reflected in the lack of legislation,the program was identified as work or video recordings,including protection from the view of the signal,the current " broadcasting right", " network information transmission right", " other rights", "right of broadcasting organizations" of copyright law and so on can't regulate network real-time rebroadcast behavior very well. Therefore,on the basis of " the principle of technology neutrality",creating the " right of communication to the public" and extending the " right of broadcasting organizations" become the realistic choices to achieve effective protection on network real-time transmission.
【Fund】: 国家社会科学基金项目(12BXW026)“三网融合背景下广播组织邻接权保护及管理机制比较研究”
【CateGory Index】: D923.41
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