The Copyright Protection Of Audiovisual Works Related Withnetwork Game

Network game, backbone of the Internet industry, has achieved rapid development in recent years. New things come with new problems, to which rule network game is no exception. Among other things, problems related to the new copyright calls for detailed study. One example is the audiovisual works copyright problems related to the network game. Although existing legislation such as Information Network Transmission Right Protection Regulations, The Tort Liability Law has touched upon the issue, its regulatory power over the parties concerned as well as operators of game video sharing web site is reduced, given its lack of specificity and maneuverability. Do the game video producers in the network game enjoy independence as creators? Can recreating and spreading network game audiovisual works be regarded as legitimate and rational? How should the role of game video sharing web site operators be defined? Where should we draw a line between related obligee’s rights restrictions and the obligation of duty of care? What kind of theory should be adopted when it comes to Tort liability judgment? These issues are worth studying. And this paper tries to make an analysis of the above problems.This paper is divided into four parts.The first part tries to give clear definitions to the network game audiovisual works. Firstly, the author makes typed analysis on the work related to the network game field, proposing the introduction of the concept of audiovisual works by which this composite work can be comprehensively protected; secondly, the author, on the basis of the original elements of work, reaches the conclusion that the game screen capture video should not get audiovisual works copyright protection, but that the game commentary video has audiovisual work properties, in an effort to indicate the direction of further study later.The second part discusses the subject of network game audiovisual works copyright. The author thinks that both Germany 2003 Copyright Law of negative copyright protection and perfect the Copyright Law provisions of the revised draft manuscript sixteenth clause can be referred to in the protection of the author related to the illegal deductive works of the game screen capture video; the key to determining the role of the author of network game player lies in whether his participation in the network game replay video has original contributions. When the game player has no author subject qualification, he can be applied on the rights of performers, a practice that should be carried out with necessary differences and limitations; acquirement of the author’s subject status of network game commentary video should be based on the fact that audiovisual works have a legitimate source and that the post-production has originality.The third part focuses on the restrictions of audiovisual works copyright in network game. The author begins from the legitimacy of related rights restrictions, combining two systems, namely the fair use and legal license use, to analyze the limitation problems of audiovisual works of copyright in network game. The author thinks that, as long as the copyright owner’s normal use of the audiovisual works in net game is not affected and the legitimate interests of the copyright owner is not harmed, the fair use by related public should not only be allowed, but also can be appropriately expanded to a larger range, a range which is not limited to "for private study, research or appreciation"; which can include specific interaction between the public to share the experience and the use of the game, without going through the game publisher’s "implied license"; which can even go beyond the appropriate requirements in fair use. In light of the revised draft of the reference Copyright Law draft fiftieth articles, the network game video should be granted a legal license to use, but not extended to the game of film and television and other audiovisual works.The fourth part mainly deals with identification of infringement behavior of audiovisual works copyright in the network game. The author firstly analyzes the "substantial similarity", "Three-step Test" theory and the practice limitations; and then for the network game domain audiovisual works copyright protection, the author raises the "substantial non infringing use", "the lured tort", "vicarious liability" theory of China’s copyright legislation and discusses their judicial significance.