本文在以下几个方面对体育赛事转播的法律问题进行了探讨:一是赛事转播权的法律性质、权利归属和保护问题。关于体育赛事转播权的法律性质,目前的理论学说有:著作权说、赛场准入权说、企业权利说和商品化权说等。一般的体育赛事转播权不应属于著作权,但又与著作权有着密切的联系,赛事转播节目的录音录像制品和播出的转播节目受著作权法的保护。赛场准入权说从实践的角度说明了赛事转播权法律性质的一个方面,但没有反映其本质。企业权利说合理性较强,但并没有得到普遍的认可。商品化权说阐述了赛事转播权的法律性质,但目前尚属一种应然而非实然的理论。赛事转播权法律性质的多学说论和各类法律权利的交叉使得赛事转播权的归属存在不确定性。在现行法律体制下,赛事转播权可通过著作权法、反不正当竞争法和场馆准入限制的方式进行保护,这些保护方式各有利弊。二是体育赛事转播权商业开发的反垄断问题。体育赛事转播权的商业开发是一项经济活动,应受反垄断法的规制。然而,这项经济活动毕竟与体育运动的发展有着密切的关系,在对其适用反垄断法时应考虑体育赛事的特性,否则无法做到正确适用。三是体育赛事转播行为的法律规制问题。转播权的排他性销售会使新媒体技术的发展受到限制,应从法律上减少这种限制造成的危害。重大体育赛事的转播权一旦被付费电视频道购买,公共电视频道往往会失去转播权利。一些西方国家采取了立法形式以保护公众免费观看重大赛事的权利。体育机构经常采取屏蔽措施,禁止在主场区域转播赛事以保证更多的人去现场观看比赛。这一做法会对公众观看赛事转播带来不利影响,欧盟法和美国法都采取了相应措施对此进行调整。体育赛事转播中虚拟广告的使用也成为越来越受关注的问题,应通过法律的方式对此加以限制。最后,笔者从体育赛事转播权保护法律规范体系、体育赛事转播权商业开发反垄断法的适用和体育赛事转播行为法律规制等角度进行思考,阐述了我国立法和法律适用方面尚存在的不足,提出了完善我国法律制度的建议。 This article discusses the legal issues of sports broadcast in the following aspects: First, the legal nature of the broadcast rights, rights attribution and protection issues. On the legal nature of sports broadcast rights, the current theoretical theory are: copyright said that the venue access, said the right to say business and the right to commercialization. General sports broadcast rights should not belong to the copyright, but with the copyright is closely linked to the event broadcast audio and video programs broadcast programs and programs broadcast by the copyright law protection. The access right of the arena states that from one practical point of view, one aspect of the legal nature of the rights of the relay is explained, but it does not reflect its essence. Business rights that are more reasonable, but not universally recognized. The right to commercialization expounds the legal nature of the rights of the broadcast rights of the tournament, but at present, it is a theory that should be taken as a blunder but not a reality. The multi-doctrine of the legal nature of the broadcast rights of the tournament and the cross of all kinds of legal rights make the ownership of the tournament broadcast rights uncertain. Under the current legal system, the rights to broadcast the rights of the tournament can be protected by copyright laws, unfair competition laws and venue access restrictions, each of which has its own advantages and disadvantages. The second is the antitrust issues of business development for sports broadcast rights. The commercial exploitation of the rights to broadcast sports matches is an economic activity and should be governed by antitrust laws. However, this economic activity is, after all, closely related to the development of sports and should be considered in the application of the antitrust law. Otherwise, it can not be properly applied. Third, the issue of legal regulation on the broadcast of sports events. Exclusive sales of broadcast rights will limit the development of new media technologies and should legally reduce the harm caused by such restrictions. Public television channels often lose the right to broadcast once the broadcast rights for major sporting events have been purchased by pay-TV channels. Some Western countries have taken legislative steps to protect the public’s right to watch major events for free. Sports organizations often take protective measures to prohibit the relay in the home area race to ensure that more people to watch the game live. This will have a negative impact on the public viewing of the event, and both the EU law and the United States law have taken corresponding measures to adjust this. The use of virtual advertising in sports broadcasts has also become an issue of increasing concern and should be limited by law. In the end, the author thinks from the perspectives of law system of protection of relay rights of sports events, the application of anti-monopoly law of commercial development of sporting rights of broadcasting rights and the legal regulation of broadcasting sports events, expounds the insufficiencies in the application of legislation and law in our country, Proposals to improve our legal system.