The Research On Copyright Issues In Online Game Broadcasting

The copyright disputes related to online game broadcasts are increasing with the rapid development of online games and live broadcast industry.In judicial practice,most of the disputes concerning disputes center around the issue of the object properties of online game screens and whether the unauthorized use of game anchors constitutes reasonable use.Moreover,due to the relatively novel nature of these disputes,the current law does not have a clear conclusion.Therefore,the views held by the court in a limited number of cases are not uniform.In particular,the reasoning of the judgment still has room for discussion.The first part of the article begins with the basic elements of online game live game "network game screen",according to the copyright law on the "works" definition and composition of the elements of the analysis of the properties of the work,and then come to the online game screen meets the "electricity work" elements,should be protected by 'electricity works' conclusion.Based on the massive investment and intellectual creation of online game developers,the copyright of online game screens should be attributed to online game developers.In addition,online game live broadcast images formed by live broadcast are different from online game screens.When players can create original expressions other than games,online game live broadcast pictures can become deductive works.Since the online game broadcast involves the spread of game screens,it is indispensable for the conduct of the copyright law on the behavior.In view of the fact that the definition of “broadcasting rights” and “information on the right to disseminate information on the Internet” stipulated in the “Copyright Law” in China does not control the live broadcast of games,it is in accordance with the legislative spirit of the “Copyright Convention of the World Intellectual Property Organization” on “the right to communicate to the public”.The "other rights that should be enjoyed by the copyright owner" should be interpreted as encompassing the broader right of communication in order to regulate the live game behavior.Online games are the core content of online game live broadcasts.Players play an indispensable role in the spread of games.However,according to the general principles of international copyright and neighboring rights law and China's existing norms of copyright and neighboring rights,the anchor is not a “performer” of the online game screen in the sense of neighboring rights,and thus does not enjoy the “performer's right” on the behavior of its live-broadcasting screen.It is an important controversy point in judicial practice that whether a player's live broadcasting behavior of an online game without the permission of a game copyright owner can be used to exclude tort liability.With the use of the "conversion use" measure of the United States fair use system,starting from the prosperous development of the game live broadcast market and culture,it is assumed that the live game behavior is alternative and does not affect the game developer's market interests and can constitute fair use.