Research on legal issues related to ‘Live Sports’ under the Chinese Copyright Law

ABSTRACT Since the Beijing Olympic Games spotlight in 2008, the sports industry is frequently presented as the next ‘El Dorado’ of the Chinese economy. The past few years have shown a promising steady growth of the sports industry, supported by government policies. This dynamic context has also increased the opportunities for ‘Live Sports’, which have not yet unleashed their full potential as one of the main sources of revenue for Sports Organizations, and key contributors to investments and developments in the Sports sector. Surfing on the Digital Revolution, ‘Live Sports’ broadcasting and media rights have skyrocketed. However, the Digital Era has opened the door to a new threat menacing the symbiotic relationship between Sports and the Media: that of online piracy and unauthorized diffusion. For a decade, the protection of ‘Live Sports’ has been at the center of many debates focusing on the path to choose, with a recurrent question: Are ‘Live Sports’ copyrightable or not? In the absence of any explicit protection under the Chinese Copyright Law, uncertainty remains and restrains the potential of ‘Live Sports’. This paper will analyze the state of ‘Live Sports’ in the current Copyright Law and the possibilities for adaptation, as well as the opportunity of the adoption of a Sui Generis protection to offer viable protection options.