公私法协同共治:体育非物质文化遗产数字化的双重法律保护路径OA

As a product deeply integrating sports culture and ethnic traditions,sports intangible cultural heritage(ICH)demonstrates dual attributes of public power and private rights amid the digital wave.In China,the private law protection for the digitalization of sports ICH mainly adopts an intellectual property rights(IPR)model,while public law protection is primarily regulated by the Law of the People's Republic of China on Intangible Cultural Heritage.Nevertheless,against the backdrop of the digital era,the above legal protection models exhibit deficiencies including excessive state protectionism,vague protection approaches,and undefined rights and responsibilities among multiple stakeholders.Accordingly,it is necessary to construct a stratified protection path for public law and private law on the basis of the"ideal type".Through the design of operable mechanisms for the registration and identification of sports ICH and a benefit feedback system,public authority may be employed to safeguard the traditional components of sports ICH,whereas the innovative components may be incorporated into the scope of protection under the intellectual property legal system.This can prevent the"tragedy of the commons"or the"tragedy of the anticommons",manifest the logic of interweaving and balancing public and private law protection in the digital development of sports ICH,and provide theoretical support for the innovative protection and sustainable inheritance of sports ICH in the digital age.