The judge reminded that sports events should not be broadcast without permission

2022-04-25 0 By

Broadcast clips from sports event programs in the form of short videos without permission, and use clips from sports event programs without permission in short videos made by themselves…These acts may constitute copyright infringement.In order to further improve legal service for the Beijing Olympics, winter paralympic games and the level of security, intellectual property court in Beijing has combed the research of sports broadcasting judicial situation of copyright infringement cases, and the sports show qualitative, constitutive requirements of tort liability shall be the legal issues, such as interpretation and prompt.”During the Beijing Winter Olympics and Paralympics, people are enthusiastic about watching the games, and topics about the Winter Olympics continue to rise on online platforms. We should also pay close attention to copyright infringement risks behind the traffic.”The judge at the Beijing Intellectual Property Court said that sporting events that meet the requirement of originality are audiovisual works.Big sporting events such as Olympic program in the process of production, a lot of use of the camera techniques, montage and editing technique, at the shooting Angle, the lens switch, the choice of filming scenes and objects, selection of footage, editing, layout and so on songs commentary embodies the camera, director, such as character selection and arrangement of the creator,Therefore, it is original, belongs to audio-visual works and is protected by copyright law.”For this reason, winter Olympic events cannot be freely distributed online.”The judge suggested that the dissemination of the Winter Olympic Games program should obtain the permission of the relevant right holders.It should also be noted that broadcasting organizations usually have the exclusive right to broadcast live broadcasts for large-scale sports events. For the dissemination of winter Olympic Games programs, in addition to obtaining the copyright license of producers, they should also obtain the neighboring right license of broadcasting organizations that disseminate sports event programs.Broadcasting organizations have the right to prohibit other people from rebroadcasting, recording, duplicating their sports event programs by wired or wireless means or disseminating them to the public through information networks without their permission.In Beijing intellectual property court, for example, a company violation of radio, film and television works information network transmission right dispute case, radio and television company, without the consent of the producer and broadcasting organizations in their business network digital TV platform provides a game online on demand, which constitutes a violation to the holder of the information network transmission right, constitutes a violation to broadcasting organization relating right at the same time.The judge reminded that without the permission of the owner of the Winter Olympic Games live broadcast or delayed playback of the program, constitute copyright infringement.In addition, unauthorized distribution of clips of sporting events may also constitute infringement.The judge said that based on previous judicial practice, it is difficult to meet the requirements of fair use in the copyright law to use the unlicensed clips in a self-produced short video.Therefore, while watching the Winter Olympic Games, we should carefully disseminate the winter Olympic events to avoid infringing on the legitimate rights and interests of relevant right holders.As for platforms that provide infringing users with information storage space or search link services, the judge said that in the case of subjective fault, they should be liable for infringement damages.In judicial practice, typical cases of subjective fault are identified as early warning letters issued by administrative competent authorities, platforms setting up columns or special zones for infringing sports event programs, infringing behaviors occurring in the popular broadcast period of sports event programs, platforms obtaining direct economic benefits from the dissemination of infringing content, etc.The judge suggested that during the Winter Olympic Games, network platforms are not allowed to broadcast sports event programs without permission, do not set up links to websites that obviously provide sports event programs without permission, do not set up columns or special areas, actively edit, organize and recommend sports event programs that are obviously without permission.Upon receipt of the notice from the right owner, necessary measures such as deleting, shielding and disconnecting infringing content shall be taken in time, and repeated and massive infringing users shall be restricted from using some functions.This article is published in Rule of Law Daily, February 8, 2022, 04 edition contributed: Part of the Beijing Intellectual Property Court