Analysis Of Copyright Issues In Esports Live Broadcasting

In recent years,our country has been strengthening the development of e-sports games industry,more prominent popular e-sports games have emerged.E-sports games broadcasting industry,meanwhile,is rapidly rising as well,it provides live streaming service for game audiences through the Internet and other media forms,the active field of the game live streaming service is bound to bring the growing legal disputes,especially as a kind of newly emerging field,the imperfect law and the lag in legislation confuse the judicial practice.The issue concerned in this paper is whether the e-sports broadcasting is infringing copyright,and how to identify the responsibility.Through literature research and analysis of typical cases,this paper will sort out consensus and existing controversies in the academic and practical life of this type of disputes.To solve the problem of copyright infringement and to determine liability if the action of live broadcasting of e-sports game is constituted as the goal,and it follows the basic logic of copyright protection.The live broadcast of e-sports game involves the transmission of the competition video.The video includes two categories-the game pictures and the game live pictures.The former is the most important content basis of the latter.The game live pictures are divided into PGC live pictures and UGC live pictures depending on the production subject and content.The game pictures and PGC live pictures belong to the “Works are similar to the way films are produced” in the current work classification(i.e.,the “audiovisual works” in the revised draft ").The live broadcast of UGC is classified as "video products" according to the classification of the current neighboring objects.In the revised draft,it is also an audiovisual work.In view of the practical significance of solving the objective problem,this article adopts the classification standard of the current copyright law.Therefore,the game development operator is the producer of the game picture work,and the game player is its performer.The live broadcast platform is the producer of the PGC live picture work,and the game player is the recorder of the UGC game live pictures.Due to the fact that the live broadcasting of live broadcast platforms and game players does not comply with the statutory restrictions on proprietary rights,its use behavior without the permission of game pictures copyright holders constitutes infringement of game development operators,and the use of game pictures falls into copyright.The scope of control of "copyright" and "any other right that should be enjoyed by the copyright owner" of a person shall be subject to direct,indirect and unfair competition,respectively,depending on the circumstances.Not only can the trial practice be co-judged with the case,the standard can be unified,and the role of the legal guideline can be further brought into play to guide the standardized and healthy development of the game-playing live industry.Lagging legislation cannot keep up with the rapid development of new industries.This is a normal phenomenon,but the lack of adjustment will lead to disorderly legal relationships.The chaotic structure of the game market is not conducive to the longterm development of the entire industry,and improve the online gaming copyright.The work of the system is both arduous and imminent.