试题出自试卷《华东政法大学2016年考博英语真题》

Ⅲ. The Copyright Act of 1976 is the governing federal copyright law in the United States. Pursuant to section 102，copyright protection subsists upon satisfaction of three conditions: first, a work must be an “original work of authorship”; second, the work must be “fixed in any tangible medium of expression”; and third, the work must come within the subject matter of copyright. Sports telecasts are original works of authorship. To be original, a work must be independently created (as opposed to copied from other works) and possess at least “some minimal degree of creativity”. It is obvious that live sports telecasts are independent creations, rather than reproductions of earlier works. The creativity element is just as easily satisfied. Courts long have recognized that photographing and filming involves creative endeavors. In the context of filming sports, the decisions “concerning camera angles, types of shots, the use of instant replays and split screens, and shot selection similarly supply the creativity required for the copyright ability of the telecasts”. Sports telecasts are fixed in a tangible medium of expression. Additionally, it is of no consequence that these live sports telecasts are fixed simultaneous with its transmission. Section 101 expressly provides that “a work consisting of sounds, images, or both, that are being transmitted, is ‘fixed’…if a fixation of the work is being made simultaneously with its transmission”. Since the telecasts of the games are videotaped at the same time that they are disseminated, the telecasts are fixed in tangible form.
Sports telecasts are within the subject matter of copyright as an “audiovisual work”. The Copyright Act notes several types of subject matter that is copyrightable, of which “audiovisual works” is one of the categories. To be satisfied as an audiovisual work, the work in question must consist of a series of related images shown by the use of machines or devices with accompanying sounds. From this definition, there is no doubt that sports telecasts are within the subject matter of copyright. Since it is clearly established that sports telecasts, even those transmitted on a live basis, are copyrighted works, the next issue is ownership of the copyright.
This issue was first addressed in Pittsburgh Athletic Co. v. KQV Broadcasting Co., albeit a decision under the old copyright regime. In a suit for an injunction against KQV Broadcasting for interfering with General Mills’ exclusive contract to broadcast Pirates games over the radio, the court ruled that the baseball team had a property right to control the news of games by broadcasting.
1.Sports telecasts are original works of authorship because ___.
2.Sports telecasts are fixed in tangible form NOT because ___.
3.Which of the following is NOT correct according to the paragraphs?
4.The most suitable title for these paragraphs is ___.