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As the Winter Olympics are in full swing, many TV viewers will feel a little confused when they enthusiastically cheer for the athletes on the field, why can't they watch the game back if they miss the game? The following editors make a brief introduction to copyright-related knowledge such as "live broadcast", "review", and "on-demand".
Image source: Xinhua News Agency
At present, the mainland's radio and television has entered the era of "three network integration", bringing together "live broadcasting", "replay" and "on-demand", that is, through the Internet to provide more interactive audio-visual experience for the majority of audience users. The above-mentioned acts of dissemination include two important rights in copyright: the right of broadcasting and the right of dissemination of information networks. According to Article 10 of the Copyright Law of the People's Republic of China (amended in 2020), the right of broadcasting is the right to publicly disseminate or retransmit works by wire or wireless means, as well as the right to disseminate broadcast works to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images; the right of information network dissemination is provided to the public by wire or wireless means, so that the public can obtain the right to obtain the work at a time and place of its choosing.
Specifically combined with the TV programs that everyone watches, major international sports competitions such as the Winter Olympics and the World Cup, and the behavior of CCTV broadcasting live to tv viewers through television signals, belong to the acts of broadcasting rights controlled by the above-mentioned laws. By selecting a program list to "watch back" or "on demand" a television program, it is an act controlled by the right of dissemination of information networks stipulated above. Both of these rights are copyrights and can only be exercised with the authorization of the copyright owner. In previous cases, CCTV obtained the copyright of sports competition programs after being authorized by the International Olympic Organizing Committee, but using "re-viewing", that is, the act of information network dissemination to broadcast sports competitions, it is very easy to be copied, stolen links or deep link resources to cause the proliferation of pirated programs. In order to strengthen the protection of intellectual property rights of major sports events, live television signals can prevent infringers from pirating, thus effectively protecting copyrights. However, the extremely high ratings and high revenue of major sports events have also stimulated infringers, and the practice of piracy of live TV signals in illegal TV apps has been repeatedly prohibited. For example, the Tianjin Intellectual Property Court heard cases of pirated NBA, World Cup, Tokyo Olympics and so on. In order to protect the intellectual property rights of sports competitions in a timely and effective manner, when hearing these infringement cases, the court stopped the infringement in a timely manner by issuing an injunction within 48 hours, effectively protecting the legitimate rights and interests of the right holder.
Finally, the protection of intellectual property rights is the protection of innovation, and when everyone enjoys high-level sports competitions, it is necessary to raise awareness of intellectual property protection, resist illegal piracy, and create a healthy and sunny network environment.
Source: Tianjin Intellectual Property Court
Content Management: Li Chao
Editor-in-Charge: Guo Wei
Graphic design: Zheng Siqi
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