Legal Character Of Online Video Game Livestream

The past few years saw a fast development of online video game livestream platforms and the related industry,which was induced by booming online game.Online video game livestream is a technology where streamers(simultaneously the player)broadcast the game screen to audiences via online video game livestream platforms in real time,from which the audiences could learn the streamers' playing skills and strategies.However,there emerged increasing copyright disputes and lawsuits along with the industry's fast growth.There is an urgent need to clarify whether the game screen could be considered a work and which kind of work the game screen belong to and how to define the unauthorized online video game livestream.This article was concerning on such problems.The article composed of four chapters.The first chapter was a brief introduction to the online video game livestream,including study background,summary of the existed studies at home and abroad,research method and highlight of innovation.Chapter Two introduced the existing argument of legal character of online video game livestream,including the viewpoints that considered the livestream as an infringement to copyright,an act of unfair competition or an act of fair use.The article agreed that the livestream shall be a kind of fair use.Chapter Three mainly discussed the precondition of determining the legal character of the livestream,i.e.,confirming the livestream was a kind of work,classification of game screen and demonstration of their nature of work.The copyrightable nature of game screen was proved by clarifying game screen's concept and analyzing game screen's generating process.It suggested that the game screen shall be protected as “other works” under copyright law.Chapter Four discussed whether the livestream was an infringement to copyright or an act of fair use.It detailedly demonstrated that the livestream met the requirement of fair use and was actually a form of transformative use.Using “four fair use factors” as reference,the chapter thoroughly analyzed the legal character of the livestream,concluding in a measurement in favor of balancing interest of copyright holders,users and public in the hope of improving online game streaming,spreading of multiculture and recreation.