The Research On Copyright Issues Of Live Broadcast Pictures Of Electronic Sports Games

With the rapid development of electronic sports games(e-sports game),there is a growing number of competitions on e-sports games.The attention of e-sports games competition are growing up,it is becoming a common practice to have real-time watching through the internet.Within is a series of problems arising from the live broadcast of e-sports games,whether live broadcast pictures of e-sports games is a copyrighted work?If it is a work,what kind of work is it?Whether the use of live broadcast pictures of e-sports games without permission is infringement?If it is infringement,whose right will be infringed?These problems have aroused hot debate in the intellectual property circles.The thesis consists of three parts introduction,main body and conclusion.The part of introduction mainly introduces the background of topic selection and the basic situation of "Yao Yu v.Dou Yu".The main body includes four chapters.The first chapter,the related concepts of live broadcast pictures of e-sports games.This part discusses the concept of e-sports games,e-sports game competition,the images of e-sports games,and live broadcast pictures of e-sports games,and makes a clear distinction between the images of e-sports games,and live broadcast pictures of e-sports games.To prepare for later discussion of issues related to live broadcast pictures of e-sports games.The second chapter,the legal definition of live broadcast pictures of e-sports games.By comparing e-sports games competition with the sports competition,we can get that they are similar from each other.By comparing live broadcast pictures of e-sports games and the live pictures of sports competitions,we can get essentially the consistency of them.Thus the identification of the live pictures of sports competitions can be used to the relevant identification of live broadcast pictures of e-sports games.In this chapter,the judgement of live broadcast pictures of e-sports games'work nature depends on whether it have the characteristics of originality and replicability.Starting with the existing copyright law,analyze the type of works similar to live broadcast pictures of e-sports games,and combined with the relevant provisions of draft copyright law,identify the type of work that determines the live broadcast pictures of e-sports games is "audiovisual works".The third chapter,the right protection of live broadcast pictures of e-sports games.From the right subject of the live broadcast pictures of e-sports games,we discuss who enjoys the copyright in the picture.We discuss the creative labor in the formation of live broadcast pictures of e-sports games,and determine that the right holder belongs to the producer of the pictures.And then analyze the rights of the right holder.Also from the existing copyright law,and in conjunction with the relevant provisions of the neighboring right,and the provisions in the countering unfair competition law,to find that there is no clear provisions in the law.In combination with the provisions of the draft copyright law,it can be applied to“broadcasting rights",which is more suitable for the protection of live broadcast pictures of e-sports games.The fourth chapter,the infringement of live broadcast pictures of e-sports games.Starting from the infringement behavior of the subject of tort,analyzes and refutes the view that such behavior belongs to reasonable use.To determine that it is the behavior of infringement of copyright,not fair use.The author believes that,while there is no clear stipulation on the legal qualification and protection of rights about live broadcast images of e-sports games,the relevant provisions of the draft copyright law have great reference significance,which is a beneficial exploration of the protection of new works under the network environment.In order to keep up with the times,the copyright law cannot be separated from the improvement and development of existing content.