Research On The Fair Use Of Copyright In The Electronic Games Live

With the rapid development of the Internet in the word,including China,the world's electronic games live industry has been rapid development of the Internet economy,and it becomes one of the most competitive industries.China's electronic games live has formed a relatively complete business system,but faced with serious legal protection dilemma,therefore,the legal protection of electronic games live is necessary.Because China's "copyright law" don't legislate electronic games as the complexity of the object of the copyright,the copyright law don't legislate electronic games set for specific types of work,therefore,we cannot be generally the electronic games copyright,but different types of elements are decomposed and to protect.The main works of the electronic games live elements in electronic games are music and film and television works,the games live relates to exclusive copyright rights,only to "reveal all" other rights including.Fair use system as a kind of defense of copyright infringement is the basic standard of copyright infringement judgment.Without the permission to electronic games live,infringement or not,the key is to see whether the fair use of.Fair use,the concept was first proposed in the United States Folsom V.Marsh case.In modern society,fair use of the system has been widely adopted,in order to limit the copyright,and it has become the universal law of copyright law in the world.The system of fair use,which based on the principle of fairness and justice and the principle of balance of interests,is thesocial function of realizing the balance between the interests of the copyright owner and the public interests.In the determination of fair use,we should consider four factors,namely the use of works to be used and the nature,the nature of the work,work quantity and material degree,the use behavior of market value or the influence of works.In particular,we should focus on whether the use of the behavior of the transformative use.The transformative use has an important position and role in the fair use.The transformative use is a fair use of the problem cannot be avoided.In many cases of fair use,as long as the use of the behavior of the user has a transformative use,other factors of fair use will be reduced.Aiming at the problem of fair use of electronic games live,firstly it is usually not in order to reproduce the beauty of the game itself or to express thoughts and feelings,is to form network onlookers to show users the game skills and results.Watching the game live and appreciation,learning new skills or for the purpose of recreation from the audience perspective,in the live game produced in the process is the purpose and effect of different from the original game works,giving the original value of electronic game works aesthetic perspective,new,has the high transfomation.Secondly,the electronic game is protected by copyright law,which is not biased in favor of fair use.Furthermore,the use of the game to the original electronic game,because this behavior is necessary for the transformative use,so the degree of use of factors can be ignored.Finally,due to the electronic games live produced a different from the original purpose and effect of the game,with the transformative use,so it will not playthe game market and its derivative market have an alternative function and role.Electronic games live can be formed of fair use,according to the four elements of fair use and whether the transformative use of a comprehensive analysis,however,due to the use of China's "copyright law" of the legislative model of closed,and no fair use of the provisions of the elastic clauses,just try to list the fair use of several kinds of situations,so electronic games live is likely to be regarded as infringement.However,China is a typical country of statute law,and this kind of legislative model has been ossified.For this reason,we should change the current legislative model and increase the flexibility of fair use.First of all,the legislation should maintain the position that can do something,that is,to be able to list the "fair use" behaviors as far as possible in the provisions of the provisions.Electronic games,including the spread of the Internet dissemination of works of behavior,due to the spread of the Internet is more complex and diverse,it is difficult to apply a uniform type of fair use.Secondly,to the fair use of the four elements,the comprehensive analysis of the factors of fair use,in particular to establish transformative use in a fair position and role in the determination,in order to improve the electronic games in China from the legislative and judicial copyright fair use.