| Copyright infringement cases related to E-sports live broadcasting are one of the most sophisticated intellectual property cases in current judicial practice.A series of copyright issues arising from this type of case have aroused wide attention and discussion in the theoretical and practical circles.The most important issues are:1,The attribute of the dynamic images of the E-sports games:the dynamic images of the E-sports games contains the game scenes,game characters,game music and other inherent content set up by the game producers.The dynamic images of the E-sports games with originality and reproducibility should be included in the scope of works created by virtue of an analogous method of film production.The copyright of the dynamic images of the E-sports games should be enjoyed by the game producers.2,E-sports live broadcast platform and the game player’s legal status:the images of the E-sports live broadcasting contains the dynamic images of the E-sports games,the game commentary,the word interaction,the director’s selection of images and other content with originality.The images of the E-sports live broadcasting should be included in the scope of works created by virtue of an analogous method of film production.The copyright of the images of the E-sports live broadcasting should be enjoyed by the E-sports live broadcast platform.The game players does not have any original contribution to the dynamic images of the E-sports games,so they should not enjoy the copyright of the dynamic images of the E-sports games.3,E-sports live broadcast platform and the game player’s infringement:If the game players open the live broadcasting room on the live broadcast platform,the game player’s behaviors constitute a direct infringement and the live broadcast platform’s behaviors constitute a help infringement.If the game players allow the live broadcast platform to use the dynamic images of the E-sports games,their behaviors constitute a joint infringement.4,The exclusive rights that might be infringed by the E-sports live broadcasting:the game players don’t enjoy the right of performance.E-sports live broadcasting is a kind of network live broadcasting,and it can’t be controlled by the right of broadcast andthe right of information on network dissemination.5,Analysis on the fair use of the E-sports live broadcasting:E-sports live broadcasting doesn’t constitute a personal use or a reasonable reference.According to the “four elements test method” proposed by the US copyright law,E-sports live broadcasting doesn’t constitute a fair use. |
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