Research On The Copyright Of Online Game Broadcast

The copyright infringement case related to online game broadcast is one of the most cutting-edge intellectual property cases in current judicial practice.The series of copyright issues contained in this type of case has caused widespread concern and discussion in the theoretical and practical circles.The most fundamental issue is the qualitative nature of the legal nature of online games.Due to the lack of guidance on clear laws and regulations,judicial opinions have not yet formed a unified view of the judiciary.Under the double vacuum environment of the legislation and the judiciary,the qualitative confusion of online game broadcasts and frequent piracy disputes have hindered the healthy development of online game live broadcast industry.The legal attributes of online game live broadcasts should be analyzed from two levels:whether the online game screen itself constitutes a work;whether the player' s live broadcast picture plays a new work.The online game screen itself should be categorized separately and protected as an independent class of movie work,and the original game developer enjoys the copyright.The player's mechanically played live game screen does not contain any original content and does not constitute a new work;however,if there is content such as game commentary and live screen shooting in the game live broadcast with minimal creativity,it may constitute a movie work.The player or filmmaker enjoys the copyright.Game players or broadcast platforms without the permission of the game copyright holders may spread the game screen to the public without authorization,which may infringe on proprietary rights such as performing rights,broadcasting rights,and information network communication rights of game copyright owners.In cases where the player signs a live broadcast contract with the live broadcast platform,or if the live broadcast platform knows and knows that the player has infringed but has not taken effective measures,the two parties constitute joint infringement.According to the characteristics of different types of games,there is no reasonable use of webcasting for fixed drama games.However,in pure competitive games,the screens completed by users are transformative and have no significant impact on the market of game developers.Constitutes the fair use of online games that are enjoyed by the original online game developers.