Study On Copyright Issues Of Living Games

In digital era,more and more Internet users have joined the series of living games.The live industry shows a flourishing scene.But with the curtain of the first instance of the copyright infringement case of NetEase,Co.v.Hua Duo Corporation,the legal risk hidden behind the live industry of the games is emerging.It is widely discussed in academia,but unfortunately there is no unified view.On the basis of the existing research,this paper analyzes the copyright issues in game living,trying to clarify the rights of all parties and the ways to protect them.The exordium of the article mainly introduces the internal and external research status.The second chapter is divided into three sections.The first section mainly defines the concept of the game studied in this paper,and introduces the implementation and market status of living games.The second section introduces the subjects and relationships involved in living games.The third section puts forward the problems that exist in the industry,that is,the qualitative of the game picture,the qualitative of the live picture of the game,the right of the live picture of the game and the user's violation of the behavior of the end user license agreement.In the third chapter,on the basis of the assumption that the game can be composed of the works,the type of the game is analyzed and the work type of the live screen is analyzed on the basis of this.The fourth chapter makes a qualitative analysis of the behavior of the users,and considers that the unlicensed live may constitute a tort,and in combination with the end user license agreement between the user and the game manufacturer,users may also constitute a breach of contract.In contrast,the live platform may constitute indirect infringement because it fails to fulfill the obligation to delete the notice.The fifth chapter introduces the illegal hindrance of the user and the live platforms,including the fair use,the fair trade right and the copyright abuse.And these can't be excluded by license agreement.Otherwise,game manufacturers may constitute copyright abuse.