Protection of sports events communication right in China’s network TV service and mirror lessons from Europe and America LIU Chunmei，ZHOU Aiguang，HU Ke
(1.School of Physical Education，South China Normal University，Guangzhou 510006，China； 2.School of Physical Education，Hunan City University，Yiyang 413000，China)
Abstract: Using the methods of case analysis and legal interpretation, based on the revised "The Copyright Law of the People’s Republic of China" (abbreviated as the "new Copyright Law") in 2020, the paper analyzed infringement disputes of IPTV sports communication services in China. There are extremely similarities in the process of IPTV sports communication infringement governance between China and the United States. EU law divides into two layers of rights to protect IPTV sports events communication : copyright and broadcasting organization rights. EU member states regulate illegal IPTV sports communication under their law frameworks. The protection of IPTV sports events in Europe and the United States has important implications for the infringement identification of IPTV sports communication in China: The key to the infringement determination of IPTV sports event communication should focus on examining the characteristics of infringement and the overall infringement results, distinguishing between on-demand and live communication infringement; the live program of the IPTV sports event meet the elements of the work’s "originality" and "a certain form of expression"and is included in the protection of audiovisual works in the new Copyright Law; the balance of interests of the sports communication industry should be incorporated into the legal framework in China to promote its legal and regular development.
Keywords: sports law；copyright law；IPTV service；protection of sports events communication right；mirror lessons from Europe and America