论体育赛事节目的独创性

On the Originality of Sports Event Programs

司法实践对体育赛事节目的法律属性并没有形成共识,核心的分歧是体育赛事节目是否达到了著作权法意义上的"独创性"。我国与大陆法系国家邻接权制度存在差异,不能因为同样采取了"著作权-邻接权"二分的立法模式,就理所应当地将独创性较低的体育赛事节目纳入邻接权的范畴。体育赛事节目在素材的选择、拍摄与编排上均达到了较高的独创性,早已不是单纯的机械录制与简单剪辑。摄影师对素材的独特捕捉、多镜头的综合运用,以及极富表现力的剪辑手法,同时配合精彩的解说等,这些均使体育赛事节目达到了类电作品独创性的高度。

A consensus on the legal attributes of sports event programs has not been formed in judicial practice so far.The core difference of opinions lies in the identification of the originality of sports event programs.Due to the differences in neighboring right system between China and the countries in the civil law system, it is not acceptable to incorporate sports event programs with less originality into the category of neighboring right just for the fact that China also adopts the same legislative model allowing "the separation between the copyright and the neighboring right".On the contrary, the sports event programs, instead of merely mechanical recording and simple editing, have achieved great originality in the selection of materials, shooting and presentation.The unique capture of the materials by the photographers, comprehensive application of multi-lens, as well as powerfully expressive editing techniques and brilliant commentaries, have enabled sports event programs to reach the level of originality required by the works similar to film works.