Research On The Copyright Of Online Game Live Broadcast Screen

Since the emergence of online game live streaming platform in 2013,it has developed into a huge market with 260 million stable users and a scale of 14 billion.The market is expected to double in size by 2020,with 340 million users.However,with the explosive development of online game broadcast market,the conflicts of interests among relevant subjects are becoming increasingly fierce.And as an emerging industry,our country also lack of corresponding law,copyright law can not clear of related legal problems involved in response,including about network game picture can form works in copyright law,forming what works and copyright ownership,whether the use of network game picture composition in academia and practice on the rational use of very large differences,also to some extent hindered the development of the market.Therefore,it is urgent to study this kind of problem and clarify the legal attribute and right attribution.On the basis of a simple classification of games in the current game market,this paper selects e-sports games,which account for the mainstream of the game and live broadcast market,as the game type studied in this paper.The dynamic images generated by the live broadcast of such games are taken as the research object.On this basis,this paper analyzes and studies four issues,such as whether the controversial network game live broadcast images constitute works,what kind of works,ownership of rights and reasonable use.This paper analyzes and discusses the above problems through four chapters.The first chapter,through the "Douyu case" and "Netease v.Huaduo case" as the entry point,puts forward the current academic and practical circles on the network game live screen in the copyright law of the dispute focus.The focus of this paper will be on such issues as "the standard of originality of works","the means of film production in film production and works made by similar methods" and "the standard of reasonable use".The second chapter analyzes the "originality" and "reproducibility" of network game live broadcast images,and further elaborates on the "originality standard".In China's copyright law,there is no clear standard for "originality" of a work,which is the most controversial part in determining whether the live video of online games constitutes a work.In order to fully stimulate social innovation,this paper believes that the "minimum originality standard" should be established in accordance with the originality standards of countries around the world and the purpose of encouraging and protecting innovation in accordance with the copyright law.The third chapter makes clear the type of works and ownership of rights.This paper analyzes the types of works that may be composed of online game live broadcast images proposed by the academic circle,and defines the types of works according to the characteristics of online game live broadcast images.According to the different modes of live broadcast,the ownership of copyright is determined.In the fourth chapter,according to the current research trend of "reasonable use system" in China and the guidance in practice,through the discussion of the "four elements of reasonable use measurement standard",it is concluded that the use of online game live broadcast screen to online game screen belongs to the behavior of reasonable use.