Journal of Beijing University of Posts and Telecommunications(Social Sciences Edition) ›› 2021, Vol. 23 ›› Issue (1): 1-9.doi: 10.19722/j.cnki.1008-7729.2020.0279

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Legal Nature of Live Pictures in Sports Game

  

  1. School of Law, Wuhan University, Wuhan 430000, China
  • Received:2020-09-28 Revised:2020-11-13 Online:2021-02-28 Published:2021-03-07

Abstract: In the context of Copyright Law of the Peoples Republic of China, the classification of “audio-visual works” in the broad sense should adopt a relatively strict standard of originality. The object of originality is the expression of thought, in which the inner expression embodies originality. On the premise of following the objectivity and immediacy of program production, the inner expression of live pictures of sports games is limited by the selection, organization and edit of shooting materials. As a result, program producers dont have much individualized selection and have difficulty in adding more originality factors, and the inner expression is difficult to reach the standard of originality of the copyright law, so live pictures in sports games should be identified as video products. Due to the lag feature of laws, some common infringements cannot be regulated. Therefore, it is necessary to enlarge the regulatory range of information network transmission rights, broaden the scope of the body and regulation of the rights of broadcasting and TV organizers, and at the same time, Anti Unfair Competition Law of the Peoples Republic of China should be properly used as a supplement.


Key words:  live pictures in sports game, originality, inner expression

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