Research On Fair Use Of Copyright In Video Game Webcast

Video Games is called as“the Ninth Art”.As the rapid development of its carriers and technology,this new type of entertainment in the information age becomes more and more popular.External conditions such as popularization of optical fiber make the industry of video game webcast which includes a huge amount of user generated content flourish.But the large scale of market and huge interest also sharpen the legal problems in the industry.Judicial practices about video game webcast in early time usually focused on the relief of anti-unfair competition that the plaintiff appealed together instead of the judgement on copyright.In recent years,this problem has been discussed by the academic circle and judicial practice.It's no doubt that the spread of video game progress is controlled by the copyright owner.If we confirm that the content on the video game screen can be treated as a work,then the question about whether the spread of video game progress is considered illegal turns into the question of whether the spreader has a legitimate defense.After clarifying the concept and nature of video games and video game webcast,this paper aims to analyze the possibility of constructing a fair use system for video game webcast through the study of the connotation,value and construction of the fair use system in the perspective of comparative law.Such conclusion should also conform to the status of the industry and video game market while meeting the principle of balance of interests in the judicial context of our country.The author hopes to provide some useful suggestions and ideas for the improvement of the rights protection and fair use system related to the video game webcast through the aforementioned analysis.