Research On Copyright Issues In The Live Broadcasting Of E-sports

E-sports games live in copyright disputes with the rapid development of e-sports industry live become more and more,but the our country present law cannot completely applicable to solve e-sports games live qualitative e-sports games live in the picture E-sports games live involved in copyright infringement,and live without permission,the question of whether or not to belong to the rational use of e-sports games affects the live broadcast of the healthy development of this emerging industry This article will discuss around the above problem is divided into five partsThe second part is to clarify the legal nature of video game broadcast.On the basis of the attributes of the works that confirm the live video game.The key point is to analyze whether the video game live video is a new work created by the players and the organizers,and then the attribution is clearly defined.According to the two types of video game broadcast images,namely the players' live broadcast images and the live video of e-sports competition,the discussion is carried out on the basis of their formation mode.It is concluded that the behavior of players playing games is not creation,and the game pictures they operate cannot be considered as new works.The live images of players and live video games can be viewed as the conclusion of a new work created by a player or an e-competition organizer under certain conditions.The third part mainly discusses the determination of copyright infringement in the live broadcast of e-sports.The infringement behavior in the live broadcast of e-sports is mainly carried out from the three main subjects.One is the host player,the competition organizer's infringement behavior identification.Among them,it is divided into the situation of broadcast,broadcast and broadcast of video games without permission.Second,the infringement behavior of live broadcast platform.There are mainly indirect and direct infringement cases.E-sports game developers in live without permission of the infringement on the specific type of proprietary rights,copyright,at present it is difficult to apply broadcast rights and information network transmission right,only with out terms--"other rights" regulation.The fourth part focuses on the analysis of whether the unlicensed video game broadcast is reasonable to use.The broadcast of e-sports games is not a reasonable use case listed in China's copyright law.According to the commonly used in the judicial practice of the rational use of "three inspection" judgment and "four elements",concluded that e-sports games live without permission of the behavior does not belong to belong to the rational use of,constitute a conclusion of copyright infringement.