Research On The Legal Issues Of Direct Seeding Copyright In Electronic Games

With the emergence of new technologies and new ways of communication,electronic games have developed rapidly in recent years and become an important pillar of China's cultural industry.But the new things are accompanied by new problems,and the problem of the live broadcast copyright is a new copyright problem in the field of video game.Due to the large number of intellectual property rights involved,the corresponding legal proceedings have already taken place in the video game webcast.On the tort regulation although you can apply the "tort liability act","Information Network Transmission Right Protection Ordinance" and other laws and regulations,but these are too broad general provisions,and not enough to live in the field of related subject standard game behavior.For example,are video games involved in video game production a work? Is the re creation of the game and the dissemination of the works of the game picture legal? How should the game live platform and the game anchor be located? How should the rights limit of the copyright holder involved in the live broadcast be delineated? Does the live broadcast system apply properly? These questions are worth studying.In the video game live,the game picture produced when the player is running the game is an important part of the live broadcast,and whether it can form a work has aroused great controversy in the theory and judicial practice.This paper argues that different game types,the game developers give the player reserved space for creative differences,and their correspondingattributes and copyright attribution is not the same.For a little creative space reserved for game player game,game player generated content originality is not high,the work live in the running game game player of the game screen right should belong to the owner of the copyright in the game itself,to explain the structure of the game host oral works,if the e-sports games live,can make reasonable use non gaming game live,unauthorized broadcast will infringe the copyright owner "game screen other rights to be enjoyed"(broadcast rights);and for the creation of a larger space reserved for the game player,game player generated content originality is higher,shown live while running the game game player of the game screen constitute its deductive works the copyright belongs to the game player,anchor commentary on the structure of the game because the game player oral works,creative space big game gaming game is generally not so.Without permission,the live broadcast will also infringe upon the copyright of the game picture,the other rights enjoyed by the copyright owner(the right to broadcast),rather than the fair use.The new book to bring new technology to deal with the right and the neighboring right infringement,China should control the scope of network live broadcast rights included in the copyright person,and expand existing broadcasting organization,to broadcast platform to enjoy the corresponding rights of broadcasting organization,and the scope of network broadcast broadcast rights act into the regulation.Video games live,games and live anchor platform can be divided into "contract" and "contract" two modes,"contract mode" and"including the existence of labor contract signing model" and there is no relationship between the labor contract "into the partnership mode,tort and liability for each mode the bear is different.