The attribution of a sporting event should be determined by the criterion of “existence of originality” rather than “level of originality”,and the criterion of “independent completion + intellectual input” should be used to determine whether it is an original work. It is more suitable for China’s actual practice to judge whether it has originality. In this article,we analyse the issue of originality of sports programmes from the perspective of the case of CCTV International v. Storm Company. Unlike sports events,sports programmes are intellectual achievements in the fields of literature,art and science,and can be expressed in a certain form. When they achieve the “intellectual input” required for a work,they are deemed to have originality and belong to works protected by copyright in a narrow sense. On the contrary,if it does not meet the “intellectual input” requirement for a work,it will be deemed not to meet the requirements of a work,but if it meets the requirements for a video product,it may be protected as a “video product” under neighbouring rights.
Keywords: | CopyrightOriginalitySports Programmes |