A Research On Copyright Problems Of Online Game Live Screen

The live broadcast of online games has become a hot topic in recent years.The copyright issues involved in live games are also very extensive.To clarify the interest relations among stakeholders,it is necessary to analyze the operation mode of live online games.Live online games on the market can be divided into two major modes,one is the live broadcast of the games hosted by the live broadcast platform,and the other is the live broadcast of the players.The player's live broadcast may be both spontaneous behavior,may also be the contract between the player and the game developer behavior,whether it is the live broadcast of the game or the player's personal broadcast,in the event of a dispute,you need the rights of the parties Attribution to make a clear.This is both economic considerations,but also social considerations.From the perspective of legislation and judicial practice,there are some shortcomings in the recognition of "audiovisual works" in our country.Firstly,it is found that the standard is not standardized and there is a vague phecnomnon,which leads to the fact that the judgment of the court is often controversial.China's relevant provisions of the clear:"class works" is "filming on a certain "medium,"the work,which emphasizes the "filming" and not "continuous play",the game does net live completely and strictly abide by the "filming" of this part of the requirements,So it can not be recognized as "class work." This idea is not in line with the current trend of network development,whether the screen through "a certain medium for filming."should not be identified as "electric works"(audio-visual works)of the key elenments of the screen is "continuous Picture ".Whether it is through the "filming" this means,does not matter.Another problem is that our country's legislation on judging the"originality" of audiovisual works is ambiguous and can not be clearly dcfined.Therefore,in the legislation.we should clearly define the standard of "audiovisual works",that is,"to continuously and vividly screen" As a criterion for judcging"audiovisual works" rather than emphasizing the requirement of filming on a medium".The online games live screen constitute "audio-visual works," you should clear the copyright ownership,the theoretical circles in our country have different views on this page:one view that the direct broadcast of copyright works should belong to the game player,another view is that gamers It should not be a copyright owner of a live broadcast.This article holds the post-view point,the game produced live,players have their contribution,but this "contribution" does not meet the "copyright law" for"originality" requirements,although all of its operations need to be based on the basic Of the game operation,only in the course of the player operation can have a different picture of the show,but the show is the game of "existing" elements have been integrated,the game player can not be changed for these core elements,he The recombination can only be done where allowed,and the basic operations and rules of these combinations still depend on the prior art design of the game developer.Therefore,the player's own direct-broadcast copyright works can only be attributed to the game developer.In the online game contest live broadcast,the broadcast platform has a professional filming,directing,playing and even explanation and other related equipment and technologies,Therefore,according to the legislative spirit of the"Implementing Regulations of the Copyright Law" in our country,it is concluded that the direct broadcast platform should enjoy the copyright of the live broadcast of competitive games.Although the player contributes to the formation of the direct broadcast work,the contribution should be regarded as the player's interpretation of the direct broadcast work.The game player only intends to integrate the elements of the game in the live broadcast:for example,For the construction and maintenance of their own "castle",the results presented are different representations,and these"presentations" are the result of re-creation based on the works of the game.From this analysis,it is clear that players are not suitable for owning the copyright of direct broadcast works,and should derive their rights from the derivative rights.