Research On The Copyright Issue Of Videogame Live Broadcasting

In recent years,watching live games has gradually become a popular entertainment method popular among young netizens.Especially after 2014,the game live broadcast industry in China has witnessed an explosive growth,and “battle fish tv” and “national tv” have emerged.,"Panda tv" and other groups received a hot game live platform.As a newly emerging industry,the research on the copyright of game live broadcasting has just started.At present,academic circles still have a lot of controversy over some copyright issues involved in game live broadcasting.Based on previous studies,this article explores the major copyright issues involved in game play from the aspects of the workability of live game screens,the rights subjects and rights of live game screens,live games and reasonable use.In addition to abstracts and introductions,this article has four parts:The first part deals with the workability of live game screens.This article begins with the process of forming a live game screen and divides the game live screen into two situations: the video game screen and the post-processing operations.Among them,the video game screen refers to an unadorned screen generated by the game anchor game behavior;the screen formed by the post processing behavior refers to a screen formed by the game anchor on a certain degree of creative alteration based on the video game screen.Combined with the provisions of Article 2 of the “Copyright Law” in China,the originality of the live game screen is taken as the focus of the discussion,and the rationality of the composition of the electronic game screen composition is analyzed in detail.In addition,from the current “Copyright Law” point of view,the live game screen should be classified as an electric-powered work.However,from the point of view of the revision of the “Copyright Law”,it is appropriate to attribute it to audiovisual works.The second part discusses the main body of rights and possible rights involved in the live game screen.In this paper,according to the special nature of game events live broadcasts,it is necessary to distinguish between different situations to analyze the copyright main body of the game live picture.Among the various rights in the copyright enjoyed by the copyright owners of the game live picture,broadcasting rights and information network communication rights are particularly important.The power of the item was discussed in more detail.For game players,the differences and similarities between game players and game anchors are emphatically analyzed,and the rationality of game players constituting performers is analyzed.Although the live broadcast platform does not constitute the main body of copyright law,judging from the present judicial practice,it is a feasible method for the operators in the “Unfair Competition Law” to characterize it.At the same time,Article 12 of the amended "Unfair Competition Law" provides certain protection for its rights.However,for the infringement of piracy on live broadcasting platforms in practice,it is currently only possible to stipulate the use of the “Anti-Unfair Competition Law,” Article 12 paragraph 4 of the rules.In the long run,the inclusion of a live broadcast platform in the category of broadcasting organizations can better protect their rights.The third part mainly analyzes the judging factors of the reasonable use of game live broadcasting.Based on the theory of "transitional use" in U.S.copyright law,this article introduces the four judging elements adopted in the United States' rational use system,and then discusses the relationship between game direct broadcast and these four judging elements.Due to the complexity of the cases appearing in the judicial practice,and the variety of expressions of the works,this article combines the actual situation and whether different types of live broadcasts and different game types sort out whether the game live broadcasting constitutes a reasonable use criterion.The fourth part puts forward proposals to improve the copyright protection system of game live broadcasting.At present,there are two problems in the judicial practice: First,broadcasting rights and information network communication rights cannot control live broadcasting behavior;second,the live broadcast platform cannot constitute a relevant right holder.These two problems have also led to the difficulty of protecting related rights subjects when the current game live broadcast picture is infringed.In response to these problems,this paper believes that it can be solved in the following aspects: The first is to merge "play rights" and "information dissemination rights" into "distribution rights",and to control the behavior of disseminating works to unspecified people in general;It is through legislation that the webcasting organizations have been established as the main bodies of broadcasting organizations.They should refer to Article 8 of the "Regulations on the Administration of Broadcasting and Television" concerning radio and television broadcasting and incorporate webcasting organizations into broadcasters through quasi-use legislation.In the category.