解释论中体育赛事传播者权益之版权保护

The Copyright Protection for Broadcasting Rights to Sports Events from the Perspective of Theory on Interpretation

体育赛事传播者权益保护的法律适用缺乏一致的意见。从解释论的视角观之,体育赛事转播者的信号权益是广播组织权的客体;体育赛事转播内容则是录像制作者权的客体。解释体育赛事内容的独创性时应当考虑解释目的。体育赛事传播内容体现为唯一的表达形式,并不鼓励多样化的创作,所以不是著作权法意义上的作品。将体育赛事传播内容作为邻接权的客体,其法律缺陷是救济程度较弱,不利于体育赛事传播内容的后续商业开发。该缺陷只能通过立法完善广播组织权或设置新的版权客体类型来解决。

There are more and more disputes over the infringement of broadcast rights and interests between broadcasters.However,opinions to settle the disputes vary on the application of the law.From an interpretative perspective,the signal rights and interests of rebroadcasting to sports events are the object of broadcasting organization rights;the rebroadcasting content to sports event is the object of video producers’right.Whereas,the scope of prohibition of broadcasting organization right does not extend to the field of information network communication.As a result,the rights and interests of signals can only be protected by means of stopping unfair competition now.The purpose of the interpretation to originality of the communication content of sports events should be considered.Originality in copyright law is the objective result of the expression of works,which is the criterion for judges to distinguish the degree of specificity of a particular form of expression.That is to say,originality is the boundary line between an independent work and the public domain and other works.It doesn’t encourage diversity creation that the expression of the broadcast content of sports events is unique.As a conclusion,it is not a work in the sense of current copyright law.There are some legal loopholes regarding the broadcast content to sports events as the object of adjacency right,which are lesser degree of relief and not conducive to the subsequent commercial development of sports event content.But the legal loopholes can only be solved by perfecting the right of broadcasting organization and setting up a new type of copyright object.