Research On Copyright Protection Mode Of Online Games

In recent years,Internet technology and mobile technology have developed,Internet infrastructure has been gradually improved,and the scale of Internet users has grown rapidly.The growth trend of Internet industry is obvious,the development speed of China’s online game industry is accelerating,and the scale of game users continues to expand.In 2020,domestic games will become standardized and highquality,paying more attention to research and development and innovation;Esports games,cloud games and other rapid warming,gradually occupy an important position in the game market.However,due to the large scale of the online game industry,the large number of practitioners,the large number of end users,the new field,the new business format,the unclear power boundary,and some game developers who are not strong in copyright awareness,in order to increase new customers and reduce expenses as soon as possible,Without authorization,the program source code,character image,running screen and other elements contained in other people’s online games are copied before being put into the market,which has caused a large number of copyright disputes.Because our country’s copyright law not according to the relevant provisions of the online games to protect,for this kind of whether the extensive use of game design elements in constitutes an act of infringement of copyright,is still controversial in the judicial practice,China’s online game of copyright protection mode,experienced a decomposition to protect "movies",to the evolution of bone protection,Each protected mode corresponding to a kind of tort standard,and the three kinds of protection mode,not online games as a whole,and only part of the online gamescopyright elements,operational picture and story(the expression of the rules of the game),so the court when judging whether infringement must first determine whether the elements of the obligee claims to protect fall within the scope of copyright protection,The comparison can then be made under the "material similarity+contact"test,which means that the right holder’s claim cannot be upheld by the court if it is not a copyrightable element.The overall copyright of online games is not clear so that the right holder can not rely on the right,but also lead to the court"a part of the infringement standard",in the long run this will certainly"drag down" the development of the online game industry.In this paper,based on video games abroad currently or have been using copyright protection mode,computer programs,audio-visual works,compiled works,multimedia works of these four protected mode is analyzed,analysis the cause of such protected mode,this paper summarizes the relevant laws and regulations,and to refine the referee rules in the relevant precedent,The applicability of this mode is analyzed in detail.Audiovisual works,compiled works by computer programs,multimedia works,and the nature of the online games of characteristic analysis,this paper think that the four kinds of protected mode is unable to provide comprehensive protection of online gamess,in order to save the judicial resources,improve working efficiency,effectively protect the legitimate rights and interests of the related obligee,This paper puts forward the idea that video game should be regarded as an independent work type in the copyright law,and online games should be regarded as its subordinate concept to be regulated.By further improving the definition of works in the new Copyright Law,defining the behavior of players to operate the game openly,establishing the rules of copyright ownership,and constructing the copyright legal system of online games.This paper argues that the existing work types really difficult will include the online games,although the film gained independence tortuous journey to see the object position,online games to get the status of independent object is expected to be a long time,but the online games of copyright protection is not only a legal problem,or an industrial problem,in the online games industry development so fast now,No right holder would like to see the product he has created with all his efforts lost its competitiveness because it is hard to claim the right because it has been changed and copied.