论体育赛事的性质及其传播权益的保护模式

On the Nature of Sports Events and the Protection Mode of Their Dissemination Rights and Interests

随着全民对于体育赛事的关注度提高,体育产业发展欣欣向荣,体育赛事的网络直播、点播等各种新型传播方式也应运而生。体育赛事传播是结合了体育和传媒的产物,在体育产业中属于最具经济价值的一部分。但是由于立法的空白,体育赛事传播权益纠纷频繁发生,围绕着赛事性质和传播保护的讨论具有一定的价值。在赛事传播的运营模式背景下,通过辨析商业体育赛事和非商业体育赛事的区别,提出在我国法律体系下如何保护赛事传播权益的建议:在体育法中创设体育赛事组织者权和体育赛事传播者权,明确组织者享有限制商业体育赛事传播的权利主体地位。明确非商业体育赛事的转播受行政法规制的前提下,对现场比赛的合理传播不予限制,进而促进体育赛事传播市场的稳定秩序,以期达到社会效益与经济效益的最大化。

With the increasing attention of the whole people to sports events, the sports industry is thriving, and various new communication modes such as network broadcast and on-demand broadcast of sports events also arise at the right moment. Sports event communication is a combination of sports and media products, in the sports industry belongs to the most economically valuable part. However, due to the lack of legislation, disputes on the rights and interests of sports events communication occur frequently, so the discussion around the nature of the events and the protection of communication has a certain value. Under the background of the operation mode of the games, by identifying the commercial sports event and non-commercial difference between sports events, is put forward under the legal system in our country, how to protect event propagation rights advice: in the sports law rights to create sports event organizer and sports communicators, clear the organizers have rights to limit the spread of commercial sports subject position. It is clear that under the premise that the broadcast of non-commercial sports events is regulated by administrative law, there should be no restriction on the reasonable transmission of live games, so as to promote the stable order of the sports event communication market, so as to maximize social and economic benefits.