Analysis Of Mobile Games Copyright Protection

As a type of computer game, mobile game has become a new growth point of game industry rely on the popularization of internet and mobile terminal. And it also become a new battlefield of many game-makers. However, the short-sighted in independent development cause the game market full of plagiarized work which also contribute to a series of copyright problems. On the other hand, the protection strength of current copyright law lags behind the game industry. It makes copyright owner protects their works harder in judicial practice and brings big impact to current copyright law system. Those problems will inevitably influence the sustainable development of game industry if not be solved properly. Hope this thesis can give feasible advice for legislation thorough analyze the existing problem. The flowing are arrangements of the thesis.The thesis started with the two problems that mobile game copyright protection faced. The First is the legal definition problem of mobile game. This chapter discussed if it is suitable to protect game works which is a special form of art as a computer program. The second problem is game homogeneity. This chapter analyzed why homogeneity makes game works copyright protection hard.Second, the thesis expressed the necessity to insist the idea and expression dichotomy when protecting game works. The Obligee should treat homogeneity problem correctly, which is the admission that copyright law can’t solve homogeneity problem. It will damage the stability of copyright law system if similar playing methods can be protected by copyright law. Then this chapter analyzed which part of game works belongs to idea, and which part belongs to express, and combined foreign legal precedent to analyze the problem which legal practice may exist.Third, the thesis elaborated the advantages and disadvantages of two substantial similarity tests through foreign legal precedents. And discussed how to use different tests in different type of games.Last, the thesis analyzed the character of movie works and audiovisual works, and discussed the similarities and differences to game works. This chapter also discussed that it is appropriate that game works can be protected as movie works or audiovisual works, and pointed out that it is feasible to set a new type of works in copyright law named "computer games".