Abstract:
In the digital age, sports event data has emerged as the fundamental element with the widest connection, the deepest influence, and the greatest innovation potential in the sports industry. How to effectively allocate the rights and interests of the stakeholders related to sports event data constitutes a core legal proposition for promoting the digital transformation of the sports industry and facilitating the development of digital sports. Current studies attempt to identify the legal attribution of the rights and interests of sports event data among trade secrets, property rights, and quasi-property rights. However, each theoretical solution fails to encompass the full extent of sports event data, with numerous exceptions. Therefore, the allocation of sports event data rights and interests should evolve from an intensified private law control model to a more restrained one. By restricting it to the interests of free decision-making and competitive interests, sharing should be regarded as the principle for the allocation of sports event data rights and interests, and legitimate control should serve as the foundation for the implementation of public law, thereby establishing a public-private synergy system for the allocation of sports event data rights and interests. In the private law context, the rights and interests of sports event data encompass the developed interests of event product data and the information priority interests of event factual data. In the public law domain, the control of sports event data rights and interests is based on the obligation of security guarantee. The two models can achieve effective synergy in the allocation of public and private rights and interests through the registration and “fair use” system of sports event data rights and interests.