Game Video Copyright Issue In Live Broadcast Platform

With the development of the online game industry,the intellectual property rights involved in the live broadcast of online games have been widely concerned.New things are accompanied by new problems.Video games related video games are in constant debate in practice.Behind the copyright war is the war of real interests.Although China's current judicial practice uses the 'Anti-Unfair Competition Law','Tort Liability Act' and other laws and regulations to adjust this game videos,but these broad general rules are not sufficient to regulate the behavior of the public in relevant fields.Do players have reasonableness and legitimacy for the live broadcast,recording,and even re-creation and dissemination of the game?Are the authors of these videos having independent authorship?When it comes to infringement disputes,how can we determine liability?These issues are worth studying.This article tries to analyze the above issues.This article can be divided into six parts.In the introduction,the research origin was introduced,and the definition of live broadcast platforms,games,and games videos was concisely defined.At the same time,through the discussion of the nature of the game,the logical starting point of the entire article is established:the game is born for the player,so in the discussion of the ownership of the relevant rights must be focused on protecting the rights of players,limiting the arbitrary expansion of the copyright of game manufacturers.The first part analyzes the protection status of China's game video.Starting from the characteristics of game video,combined with the views on game video that are scattered in each referee's case,it summarizes the opinions of judicial practice circles on game video.It is pointed out that the focus of current practice disputes is the legal nature of the game video and its ownership is unknown.The fundamental reason is that there are disagreements on the originality of game video.Afterwards,according to the scholar's point of view,it was pointed out that the academic community believes that game videos constitute reasonable use or constitute audiovisual works.The second part selects three game powers:the US,South Korea,and Japan refereeing principles for games and game videos.Combined with the practices of game developers in practice in these countries,they believe that games and their derivatives should be viewed in terms of overall concepts and feelings.It is only in this way that the industry can create and motivate latecomers' innovation.The third part combines the practice of the comparative law and the viewpoint of the Chinese scholars,and proposes that this article agrees with the reasonable use of the game's live broadcast,recorded video and other acts,and corrects and supplements some issues of rational use.As for the copyright and ownership issues of the subsequent game video,the three-step test logic 'whether the author claims protection—in the originality of the field—whether the protection given will limit the creative space of latecomers,is proposed.In the fourth part,the game video is typed by dividing the game types into linear flow and nonlinear flow.At the same time,the three-step test logic proposed above is used to analyze it to verify that the three-step test logic is reasonable.And in practice it is operative.In the epilogue,the article proposes that although the player enjoys the right of live broadcasting,it should also limit the commercial behavior of the live broadcast platform and prevent the live market from being excluded from the potential market interest that game manufacturers should enjoy.In addition,when it comes to other behaviors such as deduction and secondary creation of the game,the court should balance multiple interests in the specific referee practice to protect the player's creative space.The gaming industry is called as high value-added industry without chimneys."Those who do not have a large land do not produce,and those who are shallow do not swim.'" This article hopes that through research on the copyright nature of game videos and research on related protection issues,copyrights can really inspire creativity,nurture the creation of 'big land' and 'deep pool',and allow new ideas to spawn new works instead of protecting trash.