An Analysis Of The Copyright In E-sport Live Screen

E-sports game industry and the rapid development of live technology have promoted the rise of the game live streaming industry.Live industry only in its own development more than ten years,they experienced a start period,the development period,the outbreak period and other stages.With the development of e-sports game industry as a whole,the problem of copyright is also increasing."Yao Yu and Dou Yu case" as "e-sports game broadcast the first case of infringement," aroused widespread debate in academia and the legal profession,the court's decision also reflects the case of China's copyright law in the judicial practice of applicability Lack of question.The biggest controversy in this case is whether the e-sports game screen belongs to the works of copyright law,and the work analysis is the important foundation of the study of copyright issues.Therefore,this paper aims to systematically analyze the works of e-sports games.According to the source of the contents of the screen,the current game live in China there are two main modes: UGC(user original content)live mode and PGC(professional production content)live mode.This paper first introduces the two different modes of operation process and profit model,on this basis,according to the composition of the works of different models of different games under the game live game to analyze the works.This paper holds that: UGC mode of the gaming game live picture of the original lack of,does not belong to the meaning of copyright works in China.PGC model in the originality,reproducibility,intellectual achievement in three areas are in line with our copyright law in the work of the requirements.In the case where the copyright law has not been amended in accordance with the revised draft,this article advocates the PGC live screen as "works of film and works similar to film production." According to the legal protection of the live screen of different gaming games,this paper holds that although the UGC mode gaming screen does not have the works,the live picture still has the function and significance of propagating,promoting and disseminating the electronic sports game to the public.Play an important role in the spread of the game,as the game communicator players should enjoy the rights of performers.UGC game live screen can be stored in tangible form on the network broadcast platform,it should be regarded as "recording,video products" by the right of protection.And PGC video game screen should be "similar to the film produced by the method of writing works",can be the way works by copyright law protection.At the same time,in the process of judicial practice in China,for the different modes of infringement,we can learn from the mature experience of other case law countries,through the promulgation of guiding cases to guide the lower court to hear the relevant cases.