On The Fair Use Doctrine Of Copyright In Living Cyber Games

As the main platform for e-sports,online games have been rapidly developed in China these years.At the same time,it has also led to the rise of the upstream and downstream industrial chains.Among them,the online game live broadcasting industry that crosses a lively platform is a typical new industry.The changes in the industry also brings new legal issues,especially in the online game live broadcast.The issue of the reasonable use of copyright has become a hot topic in the field both of theory and practice.The case Netease vs.Huaduo was most noticeable on November 13,2017.This article attempts to start with this case and define the new legal concepts in online games and live broadcasts to include the online game live broadcasting issue under the protection of copyright works.Through the application of the copyright reasonable use system,it will balance online game manufacturers,live broadcasting platform and online game player tripartite interest and public interest.In recent years,there have been no shortages of theoretical analysis and judicial precedents regarding the rational use of copyright in online game broadcasts.Among them,the case of Guangzhou Intellectual Property Rights Court's infringement of copyrights by Netease vs.Huaduo on November 13,2017 was the most compelling.The author of this article starts with the case and clarifies the legal implications of new concepts such as online games and live broadcast platforms,and incorporates online game live broadcast images into the protection scope of works under copyright law.In the era of rapid development of new technologies,online game companies,webcasting platforms,and online game players are a symbiosis model in economic interests,not a zero-sum game in traditional business society.The law should be the necessary tolerance for new industry.It should not be the cradle of new things.Especially in the field of intellectual property,both legal provisions and judicial practice need to take into account both theoretical consistency and good social effects in practice.To seek balance in rights protection and encouragement of creation can truly promote the development of industry and society.This article consists of five parts: The first part deals with the case of Netease vs.HuaDuo,clarifying the key disputes in this case.The second part clarifies the legal implications of new concepts such as online games and live broadcasting platforms involved in the above-mentioned controversial issues,and determines that online game live broadcast is the result of multi-party joint creation.The third part analyzes the nature of online games in copyright law,and puts forward that it should be included in the protection of audiovisual works.In terms of research methods,horizontally comparing the development of domestic,international online game industry and legal system,vertically legal big data analysis and judicial practice of domestic online game games are the key method of this article.The fourth part focuses on the analysis of the reasonable use of the copyright law system,and proposes that a system of reasonable use and reasonable conversions can be established to balance the interests of various rights holders,public and players.The fifth part,according to the development of China's online games,live broadcasting industry and legislation and judicature,I propose more reasonable suggestions for the protection of copyright in the industry.Through a multi-analysis of theory and practice and a new perspective on the issue of online game live broadcast,this article,proposes that reasonable use of copyright can be used in these issues.Online games and live broadcasts are emerging technologies and business models.Laws should give necessary tolerance for new industry.Especially in the field of intellectual property,both legal provisions and judicial practice need to take into account theoretically and practically.With good social effects,finding balance in the protection of rights and encouraging creation can really promote the development of industry and society.