论体育赛事节目的独创性

On the Originality of Sportscasts

探讨体育赛事节目的独创性,应以客体的类型化为前提,运用主观与客观相结合的考察方法,并且坚持事实问题与法律问题的区分原则。经作者中心主义的主观考察,"故事型"体育赛事节目应作为电影作品受到保护,"记录型"体育赛事节目则属于录像制品的范畴;同时,从市场经济、创新激励与法的体系化三个外部视角再作检视,用著作权和邻接权分别保护不同类型的体育赛事节目,仍符合功利主义话语与法经济学的分析。

The analysis of the originality of sportscasts should take the type of object as the premise, combine the subjective and objective methods of view, and insist on the principle of distinguishing between factual and legal issues. According to the subjective view of the author＇s centralism, ＂story type＂ sportscasts should be protected as film works, and ＂recorded＂ sportscasts belong to the category of video products. Meanwhile, it is also examined by three external perspective of the market economy, the innovation incentive and systematization of law, protecting different types of sports programs through copyrights and neighboring rights, which also conforms to the utilitarian discourses and analysis of the economics of law.