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Research On Legal Issues Of Live Online Game Screens

Posted on:2020-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:C WangFull Text:PDF
GTID:2416330572489893Subject:legal
Abstract/Summary:PDF Full Text Request
Benefiting from the explosive growth of the entire Internet industry,in recent years,China's online game broadcasts have sprung up,economic benefits and scale have grown rapidly,and actively promoted the prosperity of the relevant game industry.Owe to online game live broadcast belongs to the emerging industry model,it has caused more disputes.The current copyright law also lacks relevant regulations,which makes it difficult to effectively solve a large number of problems encountered in practice.Many copyright issues related to this need to be clarified by laws and regulations.This article is divided into four parts.The first part takes the "Netease v.Huaduo" case as the entry point,introduces the basic case and the referee's keynotes,and introduces the copyright issues that need to be discussed below: in the personal game live mode(this article does not discuss the online game live broadcast)Whether the online game dynamic picture can be identified as a work,if it meets the constituent elements of the work,how to divide its rights and whether the subsequent live broadcast behavior can be considered as fair use.The second part mainly discusses the works attributes of online game dynamic pictures.Firstly,the production of online games is a series of creative behaviors such as script compilation,art planning,music production and program development for game developers or design teams to realize their game ideas.While the game dynamic picture is under the player's specific operation and selection behavior,the comprehensive presentation of the aforementioned process,with originality;The online game dynamic picture is the result of sending the instructions to the internal source program of the game under the participation and interaction of the player,thereby mobilizing the comprehensive effect of various materials in the game database,and the game background code and the database can be tangible,which can copy or fix to meet the requirements of reproducibility;Thirdly,based on the extra-territorial and domestic related judicial practices,there is a practice of identifying online game dynamic pictures as cinematographic works,and due to the deletion of the relevant provisions of the 2014 copyright amendment draft,the online game dynamic pictures have the possibility of conforming to the definition of audiovisual works.The third part discusses the copyright ownership of online game screens.The premise of whether the player's operational behavior can be identified as creative behavior is whether thegame has space for creation.For example,a sandbox game,the player has a large enough creative space,and when the creative behavior reaches the original height,the copyright of the game screen should belong to the player,that is the derivative author;but after sorting out the types of games covered by the current live broadcast platform,the mainstream of the controversial type of game is not the aforementioned sandbox game,but a role-playing or competitive game that does not reserve too much creative space.By this time,the player's operation does not constitute creative work in the sense of copyright law.Screen copyrights still belong to game developers.The last part demonstrates that the behavior of live online game screens can be fair use.Firstly,it discusses the specific rules of the live broadcast behavior which can be fair use.Whether the using behavior of a work has a transformative nature can be identified from the two aspects of “content” and “function”.The online game screen live behavior can be “new”due to the “personalized content” added,or it can be transformed in function because of the new effect of “technique display”.In the live broadcast of different types of games,the live broadcast of skill games has a strong conversion to the plot expression function of the original game screen works;In general,the live broadcast of the game screen has a certain degree of conversion;secondly,the publication of the copyright law in 2014 to add a reasonable use of the exception of the case for the "transferable use" of the judicial application provides legislative support,combined with domestic value orientation of judicial practice,"transformation use" has been applied in other situations of so-called fair use in domestic judicial practice;finally,from the industrial point of view,game live broadcast does not replace the original game production market,and the live broadcast behavior actually promotes the game market.
Keywords/Search Tags:Images of Video Games, Live Broadcast of Video Games, Copyright Ownership, Fair Use
PDF Full Text Request
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