| China's online game live broadcast program is a new type of industry formed under the rapid development of Internet and computer technology.The rise of online game live broadcast has greatly changed the way people live and entertain.The main content of the online game live broadcast program is the live broadcast of the player's operation process including the online game screen.During the live broadcast process,there will be an explanation of the game anchor and the audience barrage interaction.There are several main players in online game live broadcast programs,including game players,game anchors,live broadcast platforms,and online game developers.The game anchor broadcasts live through the live broadcast platform,because the live broadcast platform is not necessarily the software developer or the relevant authorizer of the online game.Therefore,the online game live broadcast program involves infringement disputes from time to time.From a legislative point of view,the statutory law that is currently in place in our country does not have a clear stipulation on the nature of the copyright of online game live broadcasts.This has led to an effective conclusion in China's judicial practice that no judgment has been made on this behavior.At present,related cases in China's judicial practice mainly determine two kinds of judgments on the behavior of online game live broadcasts and the nature of live broadcasts.One kind of judgment point of view is that online game live broadcast pictures are objects and objects of online game live broadcasts,and it is considered that online game live broadcasts.The screen does not constitute a work,because it lacks creativity and reproducibility.Therefore,it does not involve copyright infringement of software developers and related authorizers.However,unauthorized online game live broadcasting lacks the integrity of the market and constitutes unfair competition.Another judgment that the online game screen as a whole contains music,art,animation,etc.,can constitute a work,according to the terms of copyright protection,online game live behavior infringes other rights of software developers and related authorizers of copyright.After the relevant judgment result came out,it triggered the academic community's nature of the online game live broadcast screen,the game player's originality issue of the live game screen,the nature and ownership of the online game live broadcast program,and the rational use of online game live programming and online games.A discussion.Most scholars believe that the online game live picture is a copyrighted audiovisual work and should be protected by copyright law.Online game broadcast is a new industry.It has generated new use value when it is used in online games and belongs to the Internet.The conversion use of the game forms new works and therefore constitutes reasonable use.Since online game copyright owners have the right to gain revenue from their works,their permission for online game live broadcasting should be a prerequisite for online game live broadcasting,and game players Whether it is original to the game live screen should be judged according to different game types.The point of this paper is that in cases where the law does not expressly provide for the content,in addition to the live broadcast of simply playing online game screens,online game live shows have their originality,can be attributed to audiovisual works,and have corresponding copyrights.Judging them The attribution of copyright should be confirmed according to different types.For the protection of the copyright of online game live broadcasting programs involved in the infringement of online game live broadcasting programs,whether or not it is reasonable to use according to different game types should be interpreted,and consideration should be given to it from legislative,judicial and administrative perspectives.Comprehensive protection.In general,the protection of the copyright and protection of online game live broadcast programs focuses on the judiciary's judgment and handling based on different circumstances in judicial practice. |
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