Research On The Copyright Protection Issue Of Games

The expansion capacity of games attracts more and more people to engage in the game industry,which causes a homogenization of the game market and much copyright disputes.For the moment,the game program running the game is a computer software,and the characters images,game background and sound effect may be regarded as art works and musical works.But there isn't any type of works in copyright law of our country can fit the game itself,further more,the theoretical circle has not put forward a unified recognition on this problem.So the game cannot get rational protection in related cases.This article suggests that game's representations also include overall interface and art asserts,and the games can be regarded as works.Games show originality in how the designers combined different elements to achieve the desired effect,so the integrality of games should be taken seriously in judicial practice.In view of the above-mentioned contents,I think it is necessary to define the thoughts and expressions in game works.The practice of America in the similar cases is more reasonable.The court usually distinguishes ideas and expressions on the whole,then uses merger doctrine and doctrine of scenes a faire to confine the protected ideas.What's more,this article discussed how to identify the copyright infringement in the game works with "substantial similarity and contact".At last,for the problems in judiciary practice,I offered some proposals.The original art asserts,the overall interface and game mechanism of the game should be viewed as protected expressions.Under the current Chinese legal system,the establishment of the case-by-case game works confirmation is more reasonable.