Research On The Copyright Of Live Breadcasting Of Online Games

The live broadcasting of online games is a new business model of live game broadcasting which has emerged and developed rapidly with the rise of live broadcasting industry and e-sports industry in recent years.Live broadcasting platform attracts network users,improve network user flow and increase network user stickiness by organizing and operating live broadcasting and rebroadcasting of games and competitions.Meanwhile,it also attracts relevant advertisers to place advertisements on the platform to obtain revenue.In recent years,live broadcasting of online games has ushered in an opportunity period of rapid development.Especially after e-sports has become a sports competition,the user scale of live game broadcasting has been growing.Opportunities and challenges coexist.One of the challenges is the copyright issue of live broadcasting of online games.Infringement litigations caused by live broadcasting of online games are forefront cases in current judicial practices.Among them,the influential cases such as "The copyright infringement case of Douyu" and "The copyright infringement case of Huaduo" have attracted the attention and discuss of the academic community.This paper is based on this to start the research of copyright infringement issue of live game broadcasting.In essence,live game broadcasting is to show the running screen of the game in Public.The attribute of work of the running screen and the ownership of copyright determine whether live game broadcasting constitutes infringement.Therefore,this paper divides the major infringement issue of live game broadcasting into several small problems.In the first part,the academic recognition of online game can be roughly divided into two protection modes:separate protection mode and overall protection mode.Online games consist of software programs and information data.Both software programs and each element in database can constitute works independently,and the copyright belongs to the game operator.These elements form a series of related images with accompanying sound,which are reproducible.Although it's not createdby virtue of an analogous method of film production,it does not affect the constitution of works created by virtue of an analogous method of film production when meeting the requirements of originality of works in the copyright law.In the second part,users of competitive games retrieve game elements in database according to the rules of the game.because they have not invested in original intellectual labor,they cannot enjoy the copyright of the running screen of the game,and the copyright belongs to the game operator.Conversely,users of non-competitive games who invest in original intellectual labor can become the authors of the running screen of the game and enjoy the copyright.When the copyright is confronted with live game broadcasting,it shall specifically refer to "the right of showing" and "the right to prepare derivative works".Live game broadcasting has duality.Neither operating the game nor displaying the game to the public constitutes "performance" of the work,and is not controlled by the copyright owner's performance right.Live game broadcasting has duality.Whether it is operating the game or showing the running screen to the public does not constitute "performance",and is not controlled by the copyright owner's right of performance.In the third part,whether it is operating the game or showing the running screento the public does not constitute "performance".Therefore,users is not performer,andother users do not need the permission of the player to broadcast the running screen of the player.Users who record the running screen of the game without permission constitute fair use and can enjoy the right of producers of audio and video recordings.The screen of live game broadcasting is based on the running screen of the games,adding its own graphic,text,commentary,sound effects and other elements,which can Cconstitute works created by virtue of an analogous method of film production when meeting the requirements of the originality of works in the copyright law.Its Copyright belongs to organizer of online games event(PGC category)or user(UGC category),and any other user or live broadcasting platform rebroadcasting the screen of live game broadcasting shall obtain the permission of the organizer or user.In the fourth part,the The use simply needs to be framed within four factors tosatisfy the spirit of the copyright law.In addition to the conversion nature of livebroadcasting,other factors are not conducive to the determination of fair use.Live game broadcasting is commercial and infringes upon the legitimate rights and interests of operators without permission.A large number of users of live game broadcasting face the risk of being sued for infringement.The model of market-driven permission adopted in the live streaming market is conducive to balancing the interests of game operators,users,live streaming platforms and other parties,avoiding the risk of users being sued at any time,promoting the legal and compliance operation of the live streaming industry,and encouraging operators to develop more excellent game works.