| Online games began to appear in the 1980 undefineds.With the development of economy and technology,more and more people participate.In recent years,online games have appeared in front of us in a new way.Nowadays,the term live online games is familiar to many people,and it has caused a lot of repercussions in the society.We can see game players broadcast the whole process of playing games to the public through Douyu,Tiger teeth,these live broadcast platforms.But when people immerse themselves in the freshness of online games,they often ignore the legal issues involved.Because of the late emergence of live broadcast of online games,there are no specific laws and regulations,and there are legislative defects in our country.The related normative documents are mainly related to the management methods of online games or the regulations on the management of live broadcast services on the Internet.But still did not mention network game live broadcast.Therefore,the connotation of live online games is defined,that is,whether it has the property of the work and whether it should be protected by the copyright law.This paper defines that the live broadcast of the online game has the property of the work and is protected by the copyright law through the three elements of the works.On this basis,three issues about the types of works,the rights of live online games and the ownership of works are currently hotly discussed and controversial in theory.Because there is no uniform legal standard leading to different views among scholars.In view of the above different problems,we should take different measures to perfect them.Some foreign countries to live online games have produced the corresponding legal provisions.For example,the United States,Japan and South Korea,the United States to resolve online games live mainly in combination with judicial precedents and legislation to resolve,Japan's main measures are judicial precedents to supplement legislation,but South Korea is more different,It is mainly based on industry autonomy and government administration to assist the legal issues arising from live online games.This can not only ensure the legal interests of the related subjects of online game live broadcast,but also make the online game live broadcast better development.The experiences of these countries also have great enlightenment to our country,and combine with the existing situation to perfect the existing copyright problem of live broadcast of online games in our country.Because there is no explicit regulation in the legislation of live online games,it is necessary to perfect and amend copyright Law and related regulations.The main suggestions are clear the type of works,clear right attribute and ownership of works.It is classified the type of online game live broadcast as audio-visual works.Copyright is divided into personal rights and property rights,but the specific rights in the property rights of works can not be included in the network games,so the right to communicate to the public is added and stipulate the copyright owner of online game broadcasting shall be the copyright party.This not only reduces the legal loopholes of online game broadcast,but also can better protect the legitimate rights and interests of related subjects in the development process of online game broadcast. |
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