N.V. Buzova

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

2019. No. 1. P. 195–213 [issue contents]
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 rightsof broadcasting organizations apply. The reform of civil legislation, which led to thecodification of intellectual property rules, also affected the rights of broadcastingorganizations. In the Civil Code of the Russian Federation (Part four), broadcasting orcablecasting of radio or TV programs (broadcasting of broadcasting organizationsor cablecasting organizations) is indicated as the object of the exclusive right ofbroadcasting organizations. However, the legal status of the broadcasts, which arebroadcast by broadcasters, has not fully defined by law. The legal status of the broadcastsin the foreign legislation is also ambiguous. The article identifies legal problems thatarise not only from the point of view of theoretical approaches, but also in the processof law enforcement. If some broadcasts can be audiovisual works and are protectedby copyright, there is less legal certainty regarding sports broadcasts. Since the use ofsports programmes creates a significant economic impact, the number of infringementsincreases through the misuse of broadcasting, and broadcasts in particular. Withdevelopment of information and telecommunications networks, such infringements aremoved to the Internet, where there is a lack of regulation regarding the use of intellectualactivity results of broadcasting organizations. In practice, to combat the misuse of sportsbroadcasts on the Internet, “anti-piracy legislation” is applied, which allows the impositionof prohibitions on the use of information intermediaries, rather than prosecute violators.Some violations of broadcasting organizations’ rights are transboundary, however, theinternational legal framework, in particular the International Convention on the Protectionof Performers, Producers of Phonograms and Broadcasting Organizations, regulates thelegal relationship on the use of broadcasts of broadcasting organizations at the 1961level without taking into account the development of information and telecommunicationsnetworks, not even covering cable broadcasting. Decisions are needed to fully protectbroadcasting on the Internet, both nationally and internationally, and to grant appropriatepowers to broadcasting organizations.
For citation: Buzova N.V. (2019) Sport Programs: Issues of Legal Protection and Protection of its Rights. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1, pp. 195–213 (in Russian) DOI: 10.17-323/2072-8166.2019.1.195.213
Citation: Buzova N. (2019) Sportivnye peredachi: aktual'nye voprosy pravovoy okhrany i zashchity prav na nikh [Sports Programs: Issues of Legal Protection and Protection of its Rights]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1, pp. 195-213 (in Russian)
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