Sports Programs: Issues of Legal Protection and Protection of its Rights

Abstract

Introducing the institution of neighboring rights in the Russian legislation in 1993, the legislator defined the broadcast as the object of protection, to which the rights of broadcasting organizations apply. The reform of civil legislation, which led to the codification of intellectual property rules, also affected the rights of broadcasting organizations. In the Civil Code of the Russian Federation (Part four), broadcasting or cablecasting of radio or TV programs (broadcasting of broadcasting organizations or cablecasting organizations) is indicated as the object of the exclusive right of broadcasting organizations. However, the legal status of the broadcasts, which are broadcast by broadcasters, has not fully defined by law. The legal status of the broadcasts in the foreign legislation is also ambiguous. The article identifies legal problems that arise not only from the point of view of theoretical approaches, but also in the process of law enforcement. If some broadcasts can be audiovisual works and are protected by copyright, there is less legal certainty regarding sports broadcasts. Since the use of sports programmes creates a significant economic impact, the number of infringements increases through the misuse of broadcasting, and broadcasts in particular. With development of information and telecommunications networks, such infringements are moved to the Internet, where there is a lack of regulation regarding the use of intellectual activity results of broadcasting organizations. In practice, to combat the misuse of sports broadcasts on the Internet, “anti-piracy legislation” is applied, which allows the imposition of prohibitions on the use of information intermediaries, rather than prosecute violators. Some violations of broadcasting organizations' rights are transboundary, however, the international legal framework, in particular the International Convention on the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, regulates the legal relationship on the use of broadcasts of broadcasting organizations at the 1961 level without taking into account the development of information and telecommunications networks, not even covering cable broadcasting. Decisions are needed to fully protect broadcasting on the Internet, both nationally and internationally, and to grant appropriate powers to broadcasting organizations.