Research On The Works Properties Of Video Game

According to the existing law of our country,the code part of the video game is belong to the computer software,so this article does not discuss works properties of the code part of the video game.When this paper discusses works properties of video game,it means works properties of the external expression of video game.This paper will use five chapters to prove that video game should be vested in audiovisual works.The first chapter mainly introduces the research background and research significance of this paper,briefly introduces the research status of the domestic and foreign works properties of video game,and explains the research innovation and research methods of this paper.The second chapter mainly elaborates the characteristics,classification and related regulations of the video game,analyzes the composition of the video game in line with the composition of the works,and analysis of the "hearthstone case" and "muonline case" and then put forward that there are issues of works properties of the external expression of video game.The third chapter mainly elaborates the controversy and judicial practice of the domestic and foreign works properties of video game.First,it expounds four kinds of viewpoints: the video game is only the computer software;the video game is regarded as the composing works;the video game is the kind of film works;the video game as a separate game works.And then introduced the United States regards video game as audiovisual works,Japan regards video game as a film,South Korea regards video game as a computer program.The fourth chapter mainly analyzes the shortcomings of the different viewpoints on works properties of video game.Regarding video game only as the computer software will ignore the significance of the expression of video game,increase the difficulty of the game developers to defend,and be not conducive to combat piracy.Regarding video game as collective works will ignore the tatbestand of the collective works,and the significance of rules of the game and the integrity of the external expression of video game.Regarding video game as film works will ignore the tatbestand of film works and their interaction differences.Regarding video game as game works will the fact that video gamedoes not meet the requirement to create a kind of new works and the fact that expanding the scope the original type of works can solve the problem of works properties of video game.The fifth chapter puts forward the view that video game should be vested in audiovisual works,because the video game conform to the tatbestand of audiovisual works.In addition,regarding video game as audiovisual works can reduce the cost to safeguarding rights,save the judicial resources,combat piracy,strengthen the protection,encourage positive innovation,promote industrial development.And then propose that expanding the scope of audiovisual works to include video game.