网络环境下体育赛事节目的著作权法立法保护

The Legislative Protection of Sports Events Program in Copyright Law under Internet Environment

在体育赛事节目只能被认定为录制品的情况下,仅将现行著作权法规定的广播组织权中的转播权扩展到网络领域并不能周延地保护体育赛事节目。因为现阶段我国还不宜将网络广播组织纳入广播组织权的主体,这意味着网络广播组织播放的体育赛事节目被网络盗播时,无法通过广播组织权给予其保护。所以,为周延地保护体育赛事节目,在将广播组织权的保护范围延伸至互联网领域的同时,还应完善我国著作权法规定的信息网络传播权。

In the case that sports programs can only be recognized as recorded products, it is not enough to protect sports programs by extending the broadcasting right in the broadcasting organization right stipulated by the current copyright law to the Internet domain. Because at present, it is not suitable for China to include the intemet broadcast organization into the subject of the broadcasting organization right, which means that when the sports events broad- cast by the interact broadcast are broad casted illegally through internet, they cannot be protected by the broadcast- ing organization right. Therefore, in order to protect sports programs effectively, while extending the protection of broadcasting organization right to the Interact domain, we should also improve the regulation of information network communication right in China＇s copyright law.