Protection Of The Game Live Webcast Copyright

With the increase of network bandwidth,the threshold of a live webcasting is getting lower,more and more people join the online game webcast live army.Nowadays,it is usual to take a live webcast content into supervision.But there is no further discussion about how to protect the live webcast.Along with the "Yao Yu v.DouyuTv" case,a series of questions caused a heated discussion in the legal profession,but there is no unified view among different scholars.And how to protect the live webcast,how to determine the nature of the game screen,who is the subject of rights in the online game live webcast and what are his rights,all of these questions are worth to discuss.This paper considers the game screen in online game live webcast belongs to work,and online game live webcast is a live broadcast that transmits game screen.Thus,it can be regulated with copyright law system.Firstly,this paper sorts out the existing problems in the current online game live webcast.And there are three main problems: different judgment has different opinion on the nature of game screen;and because of its difference,the protection patterns of the online game are different;and the rights and obligations of each kind of main body of today's live webcast are not clear.And the three main problems are also the keys to make sure the ways to give live coverage of the online game.Secondly,this paper considers that the game screen is a work which belongs to copyright law,and that online game live webcast is a live broadcast that transmits game screen.Specifically,the game screen is a kind of expression of originality and duplicability,therefore it can be determined to work.However,the online game live webcast,during the live broadcast the game screen,has no originality,and purely transmits game screen,thus it belongs to the scope of neighboring right to adjust.Then,this paper has determine the nature and ownership of game screen in online game live webcast,network screen of anchor,and online game live webcast which is the combination of the former two.That is,according to different type of game,the copyright of game screen may belong to game developer and game user.And the network screen of anchor can also be identified as a work,and the copyright belong to a network anchor and network broadcast platform.As the online game live webcast is simply the combination of the former two works,it with no originality expression doesn't create a new work.Last but not least,how to protect the rights born out of the process of online game live webcast is interpreted.Problems that in the process of live webcast,what kind of right for game developer,network anchor,game user and network broadcast platform,and how to protect these rights are also interpreted in detail.