A Research On Copyrightability Of Online Game Overall Images

A work is at the core of the copyright legal system.It can be said that the basic premise of the protection of copyright law is the judgment of the nature of the works,which highly depends on the judgment of originality standards.Recently,how to define the attribute of the online game overall images under the system of copyright law has attracted considerable attention and has become one of the hotpots in the academic field and judicial practice.It can be ascribed to two reasons.The first one is the industry issues-the rapid development of the online game industry has led to a circumstance of complex structure,huge amount of many participants,and the characteristics of online and offline linkage,which resulted in the breaking of the original balance of interests in the copyright law,along with the lack of in-depth knowledge on the online game industry in the legal profession.The second reason is the legal issues.It mainly inflects in the insufficiency of the legislation system of the copyright law in our country and the lack of intrinsic basic theory of the definition of the originality standard.Therefore,by using interpretation method,literature analysis method,comparative analysis method etc.,this article studies the judicial decision of the online game overall images in China in recent years and highlights the legislation and practice of this issue in domestic and abroad.Moreover,combined with game types and the basic theory of copyright,the copyright ability of the online game overall images in China was comprehensively examined in this study.In other words,the copyright of the online game overall images should be addressed under the comprehensive judgment of the "intellectual expression","originality" and the "game type".In conclusion,the author suggests that the online game overall images can be copyrighted under three certain situations– "it may constitute genre film works","other works" or "do not constitute works",and analyzes the regulations of the work and audiovisual works in the "Copyright Law(Draft)".