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ZHANG Huibin, XIAO Qixian. Legal Structure and Its Improvement Path of the Audiovisual Information Rights of Sports Events under the New Sports Law[J]. Journal of Shanghai University of Sport, 2023, 47(10): 1-13. DOI: 10.16099/j.sus.2023.05.16.0005
Citation: ZHANG Huibin, XIAO Qixian. Legal Structure and Its Improvement Path of the Audiovisual Information Rights of Sports Events under the New Sports Law[J]. Journal of Shanghai University of Sport, 2023, 47(10): 1-13. DOI: 10.16099/j.sus.2023.05.16.0005

Legal Structure and Its Improvement Path of the Audiovisual Information Rights of Sports Events under the New Sports Law

  • Paragragh 2 of Article 52 of the new Sports Law creates the right of audiovisual information of sports events for sports event organisers and other relevant rights holders. In terms of the internal legal structure, the object of the right of audiovisual information of sports events is the audiovisual information of sports events, the subject of the right is the information providers such as sports event organisers and clubs, and the content contains five sub-rights: the right of fixation, the right of reproduction, the right of distribution, the right of broadcasting and the right of information network transmission; while the purpose of profit belongs to the restrictive element of the right. In terms of the external legal structure, the right to the audiovisual information of sports events falls within the scope of Article 126 of the Civil Code, which states that "civil subjects shall enjoy other civil rights and interests as provided for by law". At present, paragragh 2 of Article 52 of the new Sports Law shows a high degree of principle and uncertainty in its legal formulation. To avoid differences in its application, this article must be improved, including the adjustment of the system of rights attribution, the positive definition of the content of rights, the refinement of the types of rights, the transformation of the purposive element and the introduction of the system of restrictive rights.
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