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Research On Copyright Protection Of Online Games

Posted on:2020-01-20Degree:DoctorType:Dissertation
Country:ChinaCandidate:X ZengFull Text:PDF
GTID:1366330620458605Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Since the year 2016,Chinese game industry out-put value has exceeded The sum of the traditional entertainment industry such as film,television,music,literature,etc.Online Game Industry has become the core engine of the entertainment industry.At the same time,the network game copyright dispute cases show explosive growth.Online games as a new type of the object of copyright law brought by new technology,has become the frontier issue in the study of copyright law field in recent yearsAs a new type of object in copyright law research,the system of online games copyright protection is still in the theoretical controversy and lack of phase.Online games are not listed in the works of independent type belongs to the copyright law.As the object elegibility is not clear yet,the research of ownership of copyright,protection and restriction system can't go far.Technological progress and industrial revolution create a huge the effects of literature and art field,and it is by no means a simple digital transformationThe first part,properly defined and analyzed the new type of object of online games Defines the concept of online games as comprehensive art that created through the computer software and hardware technology,movie producer and interactive media technology,and has interactive,open,the virtual reality features.Explaining development process and interests related party in industryThe second part,respond the current theoretical controversy of game copyright.From the perspective of semiotics to construct concept works,think that work is to express the works(form),referred to in(symbol explanation)form of existence of writing and the unification of symbols(object).From the perspective of German classical philosophy,through Kant and Schiller's game theory to analyze the creation intention,the nature of creative behaviorThe third part,clearly put forward the game work "independent object" theory,online games should become independent in copyright law object types.There is a concept of undistributed and qualitative inaccurate,so the system can not apply properly.Under the background of China's copyright law practices,game works can be added as a new type or temporarily classified as other literary,artistic and scientific works",and separately link type legislation to protect aloneThe fourth part,from the perspective of creator,disseminator and player,defined the author rights,the neighboring rights and the player's rights to user-generate-content Reasonably designed the system of copyright ownership.Because of the interactive features of online games,players can become the game works appreciator,user,performers,so player-generate-content shall distinguish as performing content,appended content and modified content,belonging to different copyright ownership typesThe fifth part,combined with the basic principles of copyright law,standards and methods,set the boundary of online game copyright protection.The fair-use problem of game live-broadcasting should be to distinguish through the type of game,such asoriginal content and profit model,each would come to different conclusions;application of the basic principles of copyright law such as the auther principle,the first sale doctrine and the public domain principle will be useful in boundry determination of game copyright Protection.
Keywords/Search Tags:online games, copyright, copyright object, eligibility, boundary of protection
PDF Full Text Request
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