Copyright-related Rights in Sports

• Citation: jd0266
• Date: 29 July 2016
• Published date: 29 July 2016
• Subject Matter: Intellectual Property Law

2021/1/21 KWM | Copyright-related Rights in Sports

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By Wang Feihong (partner) and Liu Ying (senior associate)

China has always been known for its sporting prowess. With a well-established

popularity, the sports industry enriches people’s lives and has become an important

sector for China’s economic reform. In 2014, the state department released Several

Opinions of the State Council of the People’s Republic of China on Accelerating the

Development of the Sport Industry and Promoting Sport Consumption,

contemplating the rolling out by 2025 of a comprehensive system of sporting

activities, with new products, a mature market mechanism, and catering for greater

consumer demand. Sport industry revenue is expected to exceed RMB 5 trillion,

becoming a driving force of economic and social advancement.

Sporting tournaments, an integral part of sport activity, are a key component behind

the success of the industry. Accordingly the state department is promoting various

types of sports tournaments.

This article discusses whether sports tournaments are protected by copyright, which

would facilitate the development of the sports industry.

1. Can sporting competitions be categorized as a “work”

protected under the Copyright Law?

First, we need to be clear about what constitutes “work”, a basic concept in the

Copyright Law. According to the Chinese Implementations of the Copyright Law, the

term “work” refers to creations of the intellect in the field of literature, art, science

and so on. that is original and can be reproduced. Therefore to be considered as

such a “work”, sports competitions should first be creations of intellect, and second,

be original and capable of reproduction.

Works listed under Article 3 of the current Copyright Law of PRC include written

works and oral works; musical, dramatic, quyi, choreographic and acrobatic works;

works of fine art and architecture; photographic works; cinematographic works and

29 July 2016

Copyright-related Rights in

Sports