| With the advancement of Internet technology and the development of the online game industry,online game live broadcasting has increasingly become one of the most promising emerging industries.At the same time,due to the lag of law and the complexity of the online game live broadcasting,it appeared that same claimants have different judgments,which caused the wide attention.This article is mainly from the perspective of copyright law to analyze the key issues involved in the online game,and research the legislation and practice in other countries in order to provide effective suggestions for the protection and regulation of online gamelive broadcastingin China.The article mainly includes five parts,as follows:The first part is about the overview of online game live broadcasting.It will introduce the online games briefly.The online games mainly include the game engine and the game materials.At present,the Copyright Law mainly adopts the split protection mode for online games.The game engine is protected by "computer software".The game materials are separately included in the category of art or music works.Secondly,analyze the legal nature of static images and dynamic images of online games.It views that the static images is the work,the dynamic image of online games is not a work because of lacking originality.Finally,give an overall introduction of online games live broadcasting and state the feasibility and necessity of protecting online games live broadcasting copyright.The second part is the analysis of the legal nature of online games live broadcasting.It will solve two questions:whether the online game live broadcasting can be controlled inthe scope of the exclusive rights in Copyright Law,whether the online game live broadcasting belongs to fair use.The conclusion is that the online game live broadcasting cannot be included inthe exclusive rights in Copyright Law due to the particularity of the mode of transmission.In addition,according to the standards and measurement criteria of "fair use",the online game live broadcasting is not fair use.So,without authorization,if anchors or broadcast platforms use the online games,it will be an infringement.The third part is about the relevant subjects and objects of live video of the online game.In the online game live broadcasting,the most closely related subjects are the game designer,the game player,the online game live platform and the anchor.Game designer has the copyright of online game.The game player does not have right in the current copyright law.People who want to carry on the online game live broadcasting must have the game copyright owner's permission.As the provider of network service,the online game live platform needs to pay more attention to the online games live broadcasting.The live video of online games has two kinds.The live video played by anchors is only composed of audio and video products because of its lack of originality and protected by neighboring rights.The large-scale online game live video can be classified in the movie works.The fourth part is to study the legal regulation and judicial practice of the online game live broadcasting in other countries.Taking the United States,Japan and South Korea as examples,which are the leading players in the development of online game live broadcasting.Analyzing legislative and judicial explorations of online games and online games in these three countries andtrying to summarize its experience in the legal protection of online games and online game live broadcasting.The fifth part focuses on researching the difficulties and challenges of online game live broadcastingin China,and puts forward some effective suggestions.First of all,it will study the online game industry development and the infringement cases.Then provide some feasible suggestions in the legislative,judicial and other aspectson the basis of the experience of other countries and the specific situation in China,... |
PDF Full Text Request