Research on Reality and Comparation on legal issues about Sports and Broadcasting among EU, Germany and Japan

通过两年的研究，考察了欧盟、德国和日本在体育赛事转播权方面的实际情况和存在的法律的问题。(1)本文首先分析了德国联邦宪法法院审理的“短时广播案”。1998年2月，在公共广播公司和德国政府支持的足球联合会之间的一场争端中，德国联邦宪法法院裁定，不应允许电视台在不支付广播权的情况下播放职业体育和其他赛事的简短集锦。在裁决中，法院要求立法机构最迟在未来五年内修改1991年由16个州通过的一项法律，该法律允许广播公司免费播放长达90秒的短节目。法院指出了这种新闻摘要的重要性。它们是防止新闻垄断所必需的。新闻的质量只有在不来自单一来源的情况下才能保持。然而，法院也强调，将这些免费广播权给予电视台确实侵犯了体育赛事组织者的宪法权利。(2)其次，在研究中，我们着重介绍了广播权的历史背景、对德国联邦宪法法院判决的批评或赞赏，并对国际上关于“全球接入”的讨论进行了总结。比较了欧洲、美国和日本广播系统的法律的背景。特别是作为日本国内的第一次学术研究，我们对日本广播公司在体育赛事转播方面的习俗进行了调查和启发。

After two years of our research, we could investigate the actual situation and legal problems of sportsevents and broadcasting rights among the EU, Germany and Japan.(1) At first we have analyzed the so called shorttimebroadcasting case by the German Federal Constitutional Court. In February 1998, in a dispute between public broadcasters and the Soccer Federation supported by the German Government, the German Federal Constitutional Court ruled that television stations should not be allowed to broadcast short highlights of professional sports and -other events without paying broadcasting rights. In its ruling, the court asked the legislature to amend, at the latest within the next five years, a 1991 law which was adopted by 16 German states allowing broadcasters to show up to 90 seconds of short broadcasts at no cost. The court pointed out the importance of such news summaries. They were necessary to prevent a monopoly on news. The quality of news could only be preserved as long as they did not come from a single source. The court, however, stressed as well that giving these broadcasting rights for free to the TV stations did violate constitutional rights of the sports events' organisers.(2) Secondly in our research we concentrated on the historical background of broadcasting rights, criticism or appreciation about the decision of the German Federal Constitutional Court and summarized the international discussion about "Global Access". We compared the legal backgrounds of broadcasting systems between Europe, the United States of America and Japan. Especially, as the first academic reseach in Japan, we investigated- and enlightened on Japanese customs among broadcasters as to broadcasting of sportsevents.