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Study On Fair Use Of The Copyrighted Images Of Video Games In The Live Broadcast

Posted on:2018-07-22Degree:MasterType:Thesis
Country:ChinaCandidate:D H JiFull Text:PDF
GTID:2346330536978015Subject:Intellectual Property Rights
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At present,the prevailing view is that,images of video games should be protected by copyright law as works,live broadcasting the images of video games should be subject to the regulation of exclusive rights.However,there are controversies about whether the behavior of video games broadcasting can constitute fair use.These controversies focus on whether live broadcasting the images of video games can constitute “transformative use”.“Transformative use” comes from the United States judicial precedents,takes “new understanding,aesthetics or information” or “the conversion of function or purpose” through the use of works as the standard.In our country,“transformative use” had been applied in the judicial practice as “a new circumstance” of fair use.As to whether “transformative use” can constitute fair use,the court's decision mainly considered the market value measurement as the criterion of judgment.Live broadcasting the images of video games,because of the “new value” from adding content or the new functional effects by using,which can constitute the “transformative use”.In different situations of live broadcasting the images from different video games in terms of type,such as live broadcasting the images of skill-oriented video games,which have strong transformative properties from original images of video games that with the function of expression in plot as works.In contrast,live broadcasting the images of the story-oriented video games have weak transformative properties in function.In general,live broadcasting the images of video games has a certain degree of transformation.It is in line with the value orientation of the judicial practice to apple “ transformative use” to live broadcasting the images of video games,and it is suitable for the trend of the revision of copyright law about fair use.However,the final judgment about live broadcasting the images of video games which can refer to "transformative use" to advocate for fair use,need to meet this condition that do not bring substantial loss of market economic interests to the developers of video games.In the existing market,live broadcasting the images of video games does not form the"substitution of market",but live broadcasting the images of story-oriented video games willcause negative influence of market value to copyright owner to sale;the market of copyright permission has been established for video game events,lacking of permission in the live broadcast of the events,cannot constitute fair use;however,the market of copyright permission of individual live broadcasting the images of video game is not the reasonable expected market of video games' developers,think of it as developers' market,would cause"abuse of right",and it was not conducive to “maximize the relevant interests of the entire market".Therefore,the individual live broadcasting the images of video games,as long as not involve story-oriented video games,there is reason to determine that it constitutes fair use.Specific to the judicial trial,judges decide that live broadcasting the images of video games constitutes fair use,should pay attention to the differences among video games events broadcasting,personal live broadcasting,personal live broadcasting the images of skill-oriented video games,and personal live broadcasting the images of story-oriented video games.
Keywords/Search Tags:images of video games, live broadcast of video games, transformative use, fair use, market measurement
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