Research on Legal Character of Sports Events Broadcasting Rights——From the angle of distinction between rights and interests in tort law
Zhiwei Zhang · Journal of Sports Sciences · 2013
There are many theories on protecting sports events broadcasting right in academic circle,but it's hard to achieve the logic self-sufficiency on scientific principle.It is ignored in academic circle that the legal character of sports events broadcasting rights is argued from the angle of distinction between rights and interests in tort law.If we determine sports events broadcasting right as the right on the meaning of tort law,that could both satisfy logic requires in theory and correspond the direction of tort law judicial practice in China.According to the theory on how to distinguish between rights and interests in the tort law,although the sports events broadcasting rights is not a statutory rights,it belong to the rights of tort law,which could provide principle protection instead of exception protection,as well as confirm tort liability on the basis of fault liability principle when the rights are infringed.