The Olympic program is a new "audiovisual work"
October 13, 2021 08:56 Source: "China Social Sciences" October 13, 2021 Total 2264 Author: Li Weimin

Legal protection of this international sports competition for the Olympic Games,The focus of attention of the theoretical and practical world。Olympic Intellectual Property Protection,Very important part,is the protection of the competition scene。On the one hand,Any shooting and transmission by prohibiting or restricting the competition site,The standardization and genuineization of the order of protection of the competition,On the other hand,You need to shoot the scene of the scene、fixed、Storage、Transmission, etc.,Final processing into a competition program suitable for people to watch and browse,This is actually the re -creation and presentation of the Olympic game scene。The work of the Olympic Games needs to be authorized by the International Olympic Organizing Committee,and select experienced professional teams to complete,You also need to pay the license permit usage。In this link,The most important thing is to reflect the on -site competition in the form of legal works。The game live broadcast team,Give hard work,Select the best opportunity to shoot,Grasp the best competition movements and instantages,Switch between scenes and audiences,Treatment of light efficiency,Add vivid language commentary,Transfer through technology,Present suspense games in front of the audience。Dynamic continuous screen protection transmitted through the Internet,Facing technical challenges and legal challenges。

Strictly speaking,Sports competition itself and sports competition programs are not the same thing,Someone has mixed the two,Directly obtains the work of the sports competition is not the protection of copyright law、Sports competition show is not the wrong conclusion of the work,This view directly affects the copyright protection of the Olympic program。In fact,The competition show seen by the end user is obviously not the same as the scene.,There is a difference in space Bet365 app download distance between the competition site and the end user,The game on the spot needs to be photographed manually、Select and arrange,No auxiliary behavior such as machine shooting,But after artificial selection and choice,Especially the grab and transmission of classic competition actions,More intellectual labor needs to be created by the main creative team。The signal equipped with the program drifted across the sea to transmit the image of the game scene to TV、Computer、mobile phone and other terminals for users to watch,Hidden behind the physical and mental labor of more creators,Moreover, the effect of the program is huge because of the difference in different main creations。

The competitive movement mainly shows the event trajectory of the participants at the scene of the competition,Even if it forms a beautiful pattern,but does not have the creative intention of the creator,Therefore, it is not a work protected by the Copyright Law。but,Created sports competition program,If you meet the original conditions,It is the work of "Copyright Law" protected。authorized by the International Olympic Committee,The right to shoot the sports athletes of sports athletes or daily life of the Olympic Games.,Classic movements and touching lenses that capture the game instantly,This is the photographer's photography work,It is an ancient work type,It is a photographic work protected by the "Protection Literature and Art Works" (hereinafter referred to as the "Berne Convention"),Copyright Law of various countries is generally stipulated and protected,Copyright generally belongs to the photographer unit,belonging to the employment work。

Sports competition scene passes through the program transmission and playback,Eventually show it to consumers,As a result, it is just the illusion of the "handling" of the communicator。Some people think,Sports Competition Program is just a reappearance of the communicator on the sports competition scene,Lack of "originality" for the protection of works of copyright law,also lacks the requirements of the copyright law "stored on a certain medium"。Beijing Intellectual Property Court's judgment bet365 best casino games on sports competition programs,I think that sports events lack "originality" as high as filming with movies,In the sports competition live broadcast,It is just a broadcast,The condition of the lack of "stability storage" in the picture,Therefore, it is not a work protected by copyright law。

Pictures and photos of the List of Olympic Games are photography works,There is basically no controversy。But continuous shooting for the sports competition,Form a dynamic continuous picture,Compared with the still photos,Dynamic sense is stronger,It can truly reflect the continuity and intense of the competition,How to qualitative these continuous pictures,becomes more complicated,This is a new type of work。Article 2) of the Berne Convention Article 1, the type of work of "movie works and works expressed in similar movie methods" as a protective work。State in the British and American Copyright Law,belongs to "movie works" or "audiovisual works",Applicable "deemed to the principle of the author" to determine its copyright belonging,People participating in the shooting are deemed to be an investor employee,It is the authors,Investors are regarded as the legal author of "movie works" and "audiovisual works",A copyright with "movie works" and "audiovisual works"。Mainland law countries often adopt practices that are different from the British and American copyright laws,Continuous screen,Usually protect it in two ways,One is "movie works",Another is the "video product"。

Article 3 (6) of the original "Copyright Law" in my country stipulates "film works and works created by similar films",The Regulations of the Implementation Regulations of the Copyright Law,"Movie works and works created by similar films,refers to the photography on a certain medium,Consistent with a series of pictures with a sound or no pronunciation,and work with the help of appropriate devices or works that spread in other ways ",At the same time, my country's Copyright Law also stipulates "video products",The Regulations of the Implementation Regulations of the Copyright Law stipulates,"Video products refer to any continuous related image bet365 Play online games of movie works and works that are created by similar films.、Records of Images "。Because of this definition of vagueness,"Film Works" and "Video Products" are difficult to distinguish。Many sports events involved in Beijing,Some courts failed to determine that the sports competition program was the "film work and works created by similar films" specified in the original "Copyright Law",caused a strong response from society。This protection method greatly reduces the value of the Olympic program,Failure to truly protect the legitimate rights of copyright owners of the Olympic Games。

Actually,Control the Olympic program signal,It can also achieve the purpose of protecting the Olympic program,but,The signal cannot be touched、Can't see,It is difficult to effectively control and protect,During the authorization process,It is also difficult to effectively define its rights boundary。Another method,Through the contract institutional arrangement,Organizer of the Olympic Games、Broadcast、Use the side to reach an agreement,Arrange the specific rights and obligations of all parties,It can also play a role in protecting the effective dissemination of the Olympic program within a certain range。but,The above method,It can be difficult。

Only protect the Olympic program as a work in the sense of copyright law,can the rights of the copyright owner more comprehensive and effectively protect the rights of the copyright owner。Only as the protection of works,During the authorization process,The type and power of the rights of the Olympic program,can be clearer and clear,can also use the property value of the Olympic Games to efficiently use,At the same time, we can also be during the transmission process of the work,Protect the legitimate rights and rights of relevant subjects。

With the rapid development of Internet technology,The creation method of the work、Communication method、The path and habits of the user's use of the work have undergone the turmoil,Short video becomes part of people's lives,Web live broadcast can be seen everywhere,But the type of work of "Copyright Law" in my country,It is difficult to include bet365 best casino games webcast screens、Short video and other new works type。Due to the lag of the law,It also seriously affects the correctness of sports competition programs,The protection of the copyright of the Olympic Games is seriously affected。my country launched the third modification of the Copyright Law in 2012,The concept of "audiovisual works" was introduced for the first time,To cope with the new changes brought by the Internet,This is also a response to strengthening the voices of the protection of sports events,I devoted the effort of generations for several generations,It also benefits from the strong advancement of the legal and industrial circles。In the first draft of the "Copyright Law" Modification Draft,Standards to completely delete the "video product" regulations,In fact, it can effectively reduce the controversy of "video products" and "audiovisual works"。The new "Copyright Law" was passed in November 2020,official effect on June 1, 2021,"Audiovisual Works" legal status was formally established for the first time,We have entered the new era of "audiovisual works",Olympic program,Including live and on -demand programs,All Article 3 (6) of the New "Copyright Law" "Audiovisual Works",New works name and classification,Simple and clear,More conducive to the protection of sports events programs。New "Copyright Law" Although the regulations of "video products" are retained,But the creation and transmission of the Olympic program,Different from the "video product" obviously recorded by traditional static recording,Small space that caused controversy in the future。

The gratifying is,April 2020,The People's Court of Shanghai Pudong New District in the first instance of the CCTV claim that the European Cup live program involved in the case belongs to the work of the original "Copyright Law",It is "works created by movie works and works with similar films"。September 27, 2020,The Beijing Senior People's Court made a retrial judgment on the two major major sports events of the Beijing Intellectual Property Court's final trial,The first case of domestic sports events -the case of the live bet365 Play online games program of the Sina Super League event and the CCTV CCTV World Cup World Cup Program Case Correction,The result of the judgment is exciting,Court determined,Sports competition programs spreading or on -demand methods are all works protected by the Copyright Law,According to the original "Copyright Law", it belongs to the "works created by film works and works in similar films",According to the new "Copyright Law",It is "audiovisual work"。

With the rapid development of Internet technology,The behavior of infringing the copyright of the Olympic Games is constantly renovated and upgraded,Live show signals of the CCTV Olympic Games such as direct piracy,Make a remake of Olympic programs that enjoy the right to the central radio and television station, and then upload and spread on the Internet platform。Take the 2020 Tokyo Olympics as an example,Affected by the epidemic of new crown pneumonia,This is the most special Olympic Games in history,an Olympic Games without the audience,Although there is a lack of scenes where the audience interacts warmly,But the level and social attention of sports athletes still hit a new high,A number of competition results break the world record。Since the audience cannot experience the scene,The interaction of the Olympic Games is indeed affected。Broadcast of the Olympic Games、Recording、Transmission looks particularly important。Central Broadcasting and Television Terminal won the exclusive all -media rights and division authorization rights of the Tokyo Olympic Games in mainland China (including Macau) in mainland China (including Macau)。For shooting for the scene、Creation、Propaganda Olympic Games,The total station sent a total of 800 people a report team,For the first time, 4K/8K ultra -high -definition broadcast vehicles are used for program creation、Broadcast and transmission,A red Olympic transit car,Become a beautiful landscape on the streets of Tokyo。Look at the data through monitoring and evidence collection,During this Olympic Games,Short video infringement behavior flood,Some large Internet platforms set up "Olympic Zone" and "Olympic Pinks",Encourage individual Bet365 app download users to upload short videos about the Olympic Games,or the infringing video uploaded by the user is not actively adopted for disconnected links、Shield、Delete and other measures。The above behaviors are all infringements that seriously infringe on the copyright of the Olympic Games,Both have infringed the copyright of the right holder's "audiovisual work"。Believe,The new "Copyright Law" protects the copyright of the Olympic Games,will be more powerful,The court determines that the Olympic program is a "audiovisual work" without any suspense,High legal compensation、Punishment compensation will also be played,Even the infringer will face criminal punishment。Protect Olympic copyright,has entered a new era。

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