| （School of City Culture，South China Normal University，Guangzhou 510631，China) Abstract: Three element constitutive requirements should be stuck to when analyzing whether a sports competition per-formance can become a work. A sports competition performance can not be legally proved to be a work based only on such two requirements as originality and duplicability. Since a sports competition performance is provided with three elements of a work, theoretically, it can be considered as an art work and given copyright protection. At current development stage in China, giving sports competition performances copyright protection is inconformity with the development mode of the na-tionwide system, will intensify the contradiction between mass sports and competitive sports, and violate the basic legisla-tive spirit of Sports Law, hence objective conditions for giving them protection have not been provided yet.
Key words: sports law；sports competition performance；copyright protection |
