The Normalizing Research of Legal Application on the Infringement Cases of the Moving Images of Live Broadcast of Sports Events——Based on the Empirical Analysis of Recent Cases
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Graphical Abstract
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Abstract
The legal application in the recent cases of the infringement about the moving images of live broadcast of sports events shows that, the legal application is a unnormalized state in which protected or not, protected in applying different rules of different legislations exist in the same facts of recent cases. The root cause of the unnormalized state lies in that, different viewpoints that the moving images of live broadcast of sports events should be attributed to the objects of the right and interests in the present laws have been made in judicial practice. Through the normative interpretation of the current relevant laws, we can find that the moving images of live broadcast of sports events does not meet the pre-conditions of the right objects in the present laws, however, the moving images of live broadcast of sports events and its producer respectively satisfy the pre-conditions of the legal interests and parties in the anti-unfair competition law. In order to realize the equal principle of legal application by unifying the legal application in the same facts of cases involved on the moving images of live broadcast of sports events, the moving images of live broadcast of sports events should be protected by applying the general provisions of the Anti-unfair Competition Law of China.
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