体育赛事直播画面的著作权保护问题研究

On the Copyright Protection of Live Pictures in Sports Events

体育文化产业在近几年来迅猛发展,已经成为了国内外贸易行业一个新型增长点。随之而来的是对于体育赛事直播画面的诸多版权纠纷。我国在现今著作权法修订中对作品类型进行了重新规定,新增了"视听作品"这一类型。从独创性认定的标准上看,体育赛事直播画面是由导演对现场诸多机位所摄镜头中的画面进行编排而成,具有独创性,属于"视听作品"中的"类似制作电影的方法创作的作品",从而应受到著作权法的保护。

The sports culture industry has developed rapidly in recent years and has become a new growth point for domestic and foreign trade industries, followed by lots of copyright disputes over the live pictures of sports events. In the revision of the current copyright law in China, the types of works have been reregulated, and the new type of "audio-visual works" has been added. From the standard of originality, the live broadcast picture of sports events is composed of the pictures taken by the director from many cameras on the spot, which is original and belongs to the "works created by similar methods of making films" in "audio-visual works", therefore it should be protected by the copyright law.