| Modern people are spending more and more of their free time on video games,which are called the ninth arts,relying on sophisticated production and beautiful pictures.Along with the development of information technology,the live game streaming industry is rising.It broke through the limitations of the original game video sharing website,allowing viewers to watch the immediate picture,but also to communicate with the streamer and other viewers.In foreign countries,Twitch and You Tube developed rapidly,in the domestic,Douyu TV,YY TV,Panda TV to play catch-up,the live game streaming has become a prosperous new industry.However,with the development of the industry,some legal issues arise.Recently,a variety of problems often appear in the live game streaming,such as playing bad information,streamer job hopping,pirates other live platform screen.The most controversial is the first case of copyright infringement and unfair competition disputes,caused by piracy live e-sport screen streaming,Mars TV v.Douyu TV.This case exposes a problem is how to protect the content of the live game streaming,this problem is related to the survival of the network platform and the healthy development of the new industry.However,the lagging legislation can not keep up with the development of new industries,so the law does not regulate and protect it.This paper analyzes the copyright of the video game.Through the theoretical analysis and comparative analysis of domestic and foreign cases,the author thinks that the video game screen belongs to the works of the copyright law,and can be protected by copyright law.The copyright belongs to the game developers.Because the video game screen is protected by copyright law,so the screen of the electronic games is also the same protection,this will have a great impact on the webcast industry and the e-sports industry.Streamer and live broadcast platform is a violation of copyright acts.We can analyze whether the intelligent use and safe harbor rules applicable to streamer and live platform.The organizer of the large-scale electronic sports event needs the authorization of the game developer to hold the large-scale electronic games.Electronic sports events and sports events are similar,perhaps because of the competition for the production of the program,editing,commentary,music,flow arrangements and other creative labor,thus forming a new work.What is the standard of electronic games to achieve the work? This paper analyzes the dichotomy of thought and expression,and the criterion of originality judgment.The article holds that when the game picture constitutes the original expression,it can be regarded as a kind of film works and protected by copyright law.Video game screen is a kind of film works,protected by copyright law,copyright belongs to the game development company.For the live game streaming,because the streamer of the original expression of the live webcast,live pictures formed a new interpretation of the works,so they can get the protection of copyright law.The exercise of deductive works shall not infringe the copyright of the original works,the video games.Streamer get the economic benefits of direct action constitutes a direct infringement of the game screen,the game company has the power to pursue its tort liability.The webcast has the commercial nature,the game live stream has attracted the influence to the ordinary game player's influence to the electronic game normal player quantity,therefore does not constitute the reasonable use.Game streaming platforms to avoid the use of safe harbor principles and streamers to jointly assume tort liability,it is necessary to improve the measures against infringement,and does not interfere with the copyright owner to protect their work technical measures.According to the principle of the red flag,the site's home page directly on the game partition and home page recommendation.Therefore,it can be considered that the platform is still aware of the streamer of the carrier to provide services,and therefore can not use the principle of harbor exemption from liability.Game streaming platforms can control the live content of streamer,and directly from the streamer of the game to get the economic benefits of the live broadcast,it can not be removed from its induced infringement liability.According to the terms of the service,the organizers of the tournament will need to be authorized by the game developers.For the electronic sports competition,the choice of the lens,the host's interpretation and program planning,are creative labor,so it constitutes the interpretation of the meaning of copyright law works.The use of copyright to prevent other operators or individuals of the game screen piracy,thereby protecting the legitimate rights of the organizers of the e-sports event.It can be seen that there are many legal risks and risks in the emerging e-sports industry.For the healthy development of the new industry,all parties concerned need to take the initiative to work together.Game developers,live platforms,streamers,e-sports organizations and other personnel should unite and cooperate,to solve legal disputes,to distribute their respective interests and to end the confusion in the industryfor the healthy development of the industry.Each member of the e-sports industry in China should learn from a large foreign direct broadcast platform and the game giant,respect intellectual property rights,safeguard their legitimate rights and interests,and promote the development of the industry. |
PDF Full Text Request