Copyright And Sports Broadcasts

With the advent of new communication and broadcast technologies, Korean’s sports landscape has changed. The formation of global bodies regulating sporting events, the removal of restrictions on broadcast frequencies, and the advent of new broadcast technologies have turned sports into entertainment . Sports events have become full-fledged stories thanks to the broadcast, where there are comments, interviews with fans and players, analysis of matches with synchronous display of graphics, songs and other pre-recorded content.

Television and radio broadcasting opened the sport to viewers around the world, making the competition even more exciting. In Korean, terrestrial, pay-TV and satellite television, along with cable and online broadcasting, are driving the sports market and boosting sports ratings.

With the advent of new communication and broadcast technologies, Korean’s sports landscape has changed. The formation of global bodies regulating sporting events, the removal of restrictions on broadcast frequencies, and the advent of new broadcast technologies have turned sports into entertainment . Sports events have become full-fledged stories thanks to the 스포츠중계, where there are comments, interviews with fans and players, analysis of matches with synchronous display of graphics, songs and other pre-recorded content.

Television and radio broadcasting opened the sport to viewers around the world, making the competition even more exciting. In Korean, terrestrial, pay-TV and satellite television, along with cable and online broadcasting, are driving the sports market and boosting sports ratings.

There is no unified system for regulating the rights to broadcast sports events in the world.

 Each region has its own practice. Furthermore, most national copyright laws, including the 2001 Korean law (Section 22(1)), do not deal with sports broadcasting. Therefore, in most jurisdictions, the regulation of sports broadcasting rights is based on judicial decisions. In the European Union, for example, in the decision of the European Court of Justice in Football Association Premier League Ltd v. QC Leisure (C403/08)” it was found that the live broadcast of the matches of the English Premier League is not the result of the author’s own intellectual creativity and, accordingly, the author’s work.

With this decision, live broadcasts of sporting events were effectively excluded from copyright protection. In the USA, according to Under the Copyright Act 1976 (§ 102), live sports broadcasts are eligible for protection provided that they are simultaneously recorded. However, the object of protection in this case is not a sporting event as such, but the creative contribution of the director and cameraman to the choice of the event, the definition of shooting points, the shooting itself and broadcasting. In Institute Inner Studies v. Charlotte Anderson » High Court of Delhi, India, ruled that sports broadcasts are not protected by copyright because they do not meet the requirements of originality and predictability. In Titan Sports Inc. v. Mansion House (Toronto) Ltd» (1989) The Federal Court of Canada ruled that live sports broadcasts is copyrightable only if there is a simultaneous recording that makes the broadcast an audiovisual work. However, in Australia, the full bench of the Federal Court in National Rugby League Investment Pty Ltd v. SingTel Optus Pty Ltd has ruled that broadcasts of a rugby match are subject to Australian copyright law.

Having gained some insight into the heterogeneity of the copyright landscape, let’s take a look at the enforcement of sports broadcasting rights in Korean. But first, you should analyze how sports events are held and organized here.

By Olivia Bradley

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