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YUAN Gang, LI Shan. Legal Dogmatic Analysis on the Broadcast Rights of Sports Event Organizers as Data Property: Based on the Civil Code and New Sports Law[J]. Journal of Shanghai University of Sport, 2022, 46(10): 23-32, 75. DOI: 10.16099/j.sus.2022.06.20.0001
Citation: YUAN Gang, LI Shan. Legal Dogmatic Analysis on the Broadcast Rights of Sports Event Organizers as Data Property: Based on the Civil Code and New Sports Law[J]. Journal of Shanghai University of Sport, 2022, 46(10): 23-32, 75. DOI: 10.16099/j.sus.2022.06.20.0001

Legal Dogmatic Analysis on the Broadcast Rights of Sports Event Organizers as Data PropertyBased on the Civil Code and New Sports Law

  • As a new type of rights in sports industries, the broadcast rights of sports event organizers is being questioned concerning its legal attribute in legal provisions, academic research and judicial judgment. The provisions of Article 52.2 of the new Sports Law, however, pinpoints the protection object of the rights of sports event organizers to the "factual information", which provides a new starting point for the study of its legal attribute. Using the legal-dogmatic research, the Article 127 of the Civil Code is taken as the main premise for the inductive protection of the object of data property, and the live sports event information pointed by the rights object of the broadcast rights as the minor premise. It can be concluded that the data property right is its legal attribute, which provides a legal basis for the strict and complete authorization chain of the broadcast rights of sports events. In addition, the confirmation of the broadcast rights of sports event organizers as the data property overcomes the limitation of place right protection, makes up the shortcomings of copyright protection, and strengthens the contract protection. Therefore, the new Sports Law is the most appropriate to statutory the broadcast rights of sports event organizers, with the help of the relationship between the general and special laws of the Civil Code and Sports Law.
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