| With the development of the Internet,online game live broadcast has been mushrooming and becoming the most popular way of entertainment.Based on the the Copyright Law,Regulations for the Implementation of the Copyright Law of the People's Republic of China,Berne Convention,the TRIPs Agreement,the WIPO Copyright Treaty and the domestic and foreign literature research to solve the issues from "Sina Corp.v.Beijing Tianying Kyushu"and"HaoMao TV v.DouYu TV",such as works of pictures of online game live-streaming,the relationship between copyright law and online game live-streaming,the work properties among the game manufacturers,personal players,and live platform and the relationship between the Fair Use and live-streaming.First of all,according to the originality of copyright to evaluate online games continuous screen,live-streaming pictures of online game and the personal player's game live-streaming pictures can be protected by similar Film works of copyright law.Secondly,based on three kinds of objects those mentioned above,there are five subjects involved in online game live-streaming,such as the game manufacturers,those who hold game competition,personal players,streamer and live platform.For games that do not give players the creation of spaces,the author of online games,online games continuous screen is the game manufacturers.And the author of the pictures of online game live competition is those who hold game competition.The reason is that the game manufacture and those who hold game competition invest a lot of resources and money to develop online game and hold the game competition.As for the online game live-streaming screen for personal players,according to the difference of originality of live-streaming screen,the status of personal players are divided into the author of derivative works,performers and consumers.However,it is hard for player to become the author of derivative works.While the streamers are the authors of their original commentary.And the live platform generally obtain the copyright through the contract.Last but not least,based on commercial purpose,live platform constitutes direct infringement because live platform broadcasts the competition of online without the permission.The process of players' broadcasting includes diversity,whether it constitutes infringement and can not be generalized.Under the narrow provisions of three step inspection methods of copyright law,the four elements of reasonable use are used to judge.However,in the long way,the judgment of fair use is uncertain to the player's live infringement.In order to solve the problems of fair use,the introduction of implied permission is an appropriate way to balance the interests of game manufacture,live platforms and gamers. |
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