关键词: 赛事节目, 惩罚性赔偿, 知识产权, 主观故意, 情节严重, 被侵权人请求

Abstract: Every time a large-scale event is held, there will always be illegal broadcasting of event programs on the Internet. However, in the case of illegal broadcasting, the court generally rules that the amount of compensation paid by the illegal broadcaster is low and only has the nature of compensation, which does not effectively prevent the illegal broadcasting. The Civil Code and the new Copyright Law implemented in 2021 stipulate that the infringer who intentionally infringes the copyright of others should bear punitive damages if the circumstances are serious, which means that in the case of illegal broadcasting of event programs after 2021, the infringed can ask the infringer to bear compensatory and punitive damages. The application of punitive damages in the case of illegal broadcasting of event programs should meet the four conditions of "infringement of copyright, subjective intention, serious circumstances and the request of the infringed". Only when the event program is recognized as a work in the copyright law can the illegal broadcasting be an infringement of copyright. If the illegal broadcaster not only violates the duty of care for the authorization of the event program, but also has the behavior of promoting and editing the event program, it can be deemed that he has subjective intention. In the punitive damages litigation, the broadcaster authorized by the event organizer can be the infringed and enjoy the right of action. The broadcaster can only claim punitive damages if he claims that the copyright has been infringed, and he should claim both punitive damages and compensatory damages. The judge combines the loss of the infringed, the profit of the illegal broadcaster and the development of the event industry to establish the amount of punitive damages on the basis of compensatory damages.

Key words: event program, punitive damages, intellectual property rights, subjective intent, serious circumstances, request of the infringed