Analysis On Protection Of Online Games Integral Pictures As Similar Film Works

For online game companies,innovation is the only way to success,and then they can remain invincible through creating their own games.However,because “the cost of innovation is expensive,but the profit of copying is high”,creating a new online game is not only time-consuming but also costly,while those games companies copy a genuine game not only have low cost,but also go public quickly and repay back soon.Thus,lured by the lust of money,those infringers who copy other Genuine games follow the example of others,and they are ready to challenge the law and go to great extremes repeatedly,which leads to frequent phenomena of intellectual property tort case.The reason is that the inadequate protection of online games in China's judicial practice has resulted in a series of legal problems such as the legal status of online games is uncertain,the method of infringement determination for online games is not identical and so on.Consequently,this article makes legal analysis of the case,which has identified Online Game Integral Images as works created by virtue of an analogous method of film production(hereafter called “similar film works”)in the first time,making further investigation on the nature determination,the infringement determination and the logic of rights belonging of online game integral images.With the experience of other developed countries for reference,this paper presents personal suggestions for the new path to identify online game integral images as similar film works,in the hope of providing a new horizon of judicial adjudication for online game infringement cases.Part one:“An overview of the case”,this part makes a basic introduction to details of “Qi Ji MU” v.“Qi Ji Shen Hua” infringement case,including the basic facts of this case,the court decisions and the legal basis of judicial decisions.Part two:“The analysis of legal dispute focus point in this case”.There are three controversies in this case,the fist one is that whether the whole images of online game “Qi Ji MU” can be identified as similar film works.After analyzing the creative mode and the appearance of online game “Qi Ji MU”,online game “Qi Ji MU” can be identified as similar film works according to relevant laws.The second one is how to recognize the infringement of those integral images between different online games.At first,in this case,the court should make sure those original content which can be protected by Copyright Law in online games,and then makes comparison of them based on the standard of“substantial similar and access”,bringing in a verdict of infringement at last.The third one is that whether game player can become the author of Online Game Integral Images.Through the analysis of the legal nature of the players' operations,the court should make conclusion that the operations of players can not be identified as creating in the Copyright Law.Part three:“Commenting the legal position of Online Game Integral Images in the Copyright Law”,this part including:At first,this paper explains the basic concept of online games and analyzes the definition of online games,the classification of online games and the processes of production,it determines the core position of Online Game Integral Images,in order to define the importance of protecting Online Game Integral Images.Secondly,this thesis explores and researches whether Online Game Integral Images are copyrightable from the prospective of originality and replicability.Finally,this dissertation comments some mainstream theories about the legal status of online game Online Game Integral Images,pointing out deficiencies and defects of “Theory of Computer Software Works” and “Theory of Complied Works”,and it evaluates the reasonability of “Theory of Similar Film Works”,approving of this practice which regards Online Game Integral Images as similar film works.Part four:“The choice of methods of infringement determination for Online Game Integral Images in the Copyright Law”,this part including:At first,this paper interprets the connotation of the standard of “substantial similar and access” in detail and points out that the substantial part of works is the original part of works,it emphasizes the fact that the key to identifying substantive similarity is the "quality" rather than the "quantity".Secondly,this thesis explains “Theory of Partial Contrast” and “Theory of Integral Comparison”,and then compares their advantages and disadvantages,it makes a conclusion that the court should use combination of both “Theory of Partial contrast” and “Theory of Integral Comparison” to identify infringement between Online Games Integral Images.Part five:“Exploring and researching the legal nature of the game player's operation”,this part including:At first,this paper highlights the necessity of discussing the legal nature of the player's game operation.Secondly,it points out that the nature of the player's game operation depends not only on the creative space of the online game developer's default,but also on the subjective intention of the player's game operation.Finally,the game players can legalized their operation through obtaining authorization from licensing agreement.Part six:“Improving the copyright protection of Online Games Integral Images”,this part including:At first,the author of this paper suggests that Online Game Integral Images should be identified as similar film works and its component should be protected individually on the basis of different kinds of infringement acts.Secondly,the author of this essay advises that the courts should filter and exclude those unprotected parts in the Online Game Integral Images,and then integrally compare the rest of parts which are protected.Finally,we should determine copyright belonging of Online Games Integral Images according to the relevant regulations of similar film works,the copyright of Online Game Integral Images belongs to game developers,and the project staff?the graphic designer and the application programmer and other authors enjoy right of authorship and right to get payment;when players can become the author,they can enjoy too,otherwise,they can be endowed with the right of performer.