On Screen Nature And Ownership Of Online Game Live Events

With the rapid development of the online game live industry,the live online game disputes are constantly emerging.The quality of the screen and the ownership of the rights of the live online game events are the two most controversial issues in the live online game disputes.In theory and practice,there are many different definitions for the live screen,and There is also a violent dispute between "works created by a process analogous to cinematography" and "video products" on the difference of its original judgment,and therefore all of these problems influence the attribution of the rights.Therefore,it is of great significance to clarify the quality of the screen,the legal status and rights content of each subject,which is of great significance to solve the property ownership and infringement disputes in the live online game events.This thesis draws two core controversy points from the typical cases in recent years.On the basis of defining the subject scope of the article,this thesis carries out qualitative analysis and ownership analysis of the live screen of online games,and also interspersed the foreign practice for reference,finally put forward some suggestions for the resolution of the live online game disputes.Specifically,two controversial issues were summarized by the author through the study of the "Hearth stone legend" case,"Miracle MU" case,"Guangzhou aipai.com v.Beijing ku6.com" case,the first case of China online games broadcasting---"Douyu" case,and "Dream Westward Tour 2 live infringement" case.First,how to determine the legal nature of Online game events live screen? Second,how to judge the ownership of the rights? The second part gives some definitions for the basic problems in the live broadcast of online games,and then introduces the composition of online games,The characteristics of the work,the industry and classification of online games broadcast,the main body,screens and contents of live broadcast of online games.The third part analyzes the qualitative analysis of the game screen in China with references to some related analysis in foreign countries.The author thinks that the running screen is greatly different from the live screen of an online game.It is helpless for the court to define the running screen as a kind of movie work.However,under the Copyright Law of 2014(submitted draft),it can be characterized as "audio-visual works".Of course,it still has to be specifically analyzed according to the types of online games.The author believes that it is more appropriate to characterize it as a video product according to the current law of our country.The forth part mainly analyzes the attribution of rights of online games and the live screens of online games in combination with the extraterritorial rules.The author believes that the player cannot claim the right to the live screen of the online games.Although The anchorman could claim the right of oral work at most,in which whether his explanation constitutes a work should be judged according to the originality of the work.According to the commercial practice of our country,the right to license others to broadcast games is in the charge of the operators.The organizations directly responsible for live affairs should be the producers of video products,but the agreement of the partner should be respected.The author put forward some suggestions for the resolution of the online game broadcasting disputes.Based on the differences of legal systems,we could borrow it from other countries in the determination of the rights;Under the existing legal framework,the principle of an individual case determination should also be followed,and court decisions should attach importance to the development of industry and contract rules.