Research On The Direct Broadcast Of Online Games From The Perspective Of Copyright

In recent years,thanks to the prosperity of the online game industry,online game live broadcast has become a new force of new business type,swept the whole country in a short period of time,and has increasingly become another emerging industry to promote economic growth.Live online games create new economic growth points,but also bring a lot of new legal problems.The online game direct broadcast copyright dispute,represented by Yaoyu v.Douyu,has aroused the concern of the practical and theoretical circles on the copyright issues involved in the online game broadcast.Based on the case of Yaoyu v.Douyu and the case of Zhuangyou v.Shuoxing,this paper points out that there is a dispute about the nature of copyright of game screen.Furthermore,it summarizes the three focal issues discussed in the academic field at present,that is,the copyright attribute of the online game screen,the professional right and the subject of the right involved in the online live broadcast behavior,and the application of the reasonable use system.In this paper,the text is divided into four parts to discuss the copyright issues in live online games:The first part analyzes the copyright attribute of online game screen.The game picture is divided into static game picture and dynamic game picture,and the nature of art works of static game picture is pointed out.Focus on the controversial dynamic game screen argumentation,think that it is original and replicable,belong to the copyright sense of the work.From the angle of legal interpretation,the dynamic game picture is regarded as a kind of movie work in reference to the practice of the United States,Japan and Taiwan.In the second part,the author points out that there is the problem of confusing game picture with live game picture in academic circles,and discusses the copyright of live picture of online game separately.This paper introduces two kinds of situations:anchorman,player's personal live picture and large-scale e-sports event.The former can not be regarded as a work because the main body of live broadcast is still a game picture,and the content of live broadcast can not reach the original standard.The latter is similar to the film making in the production process and technique,whichcontains the intellectual achievements of various subjects,so it can be protected as a kind of film works.In the third part,on the basis of affirming the work nature of the game screen,the author demonstrates that the live broadcast behavior of the online game is restricted by the exclusive right of the work.Through the analysis of "the right of information network communication" and "the right of broadcasting",it is concluded that the two rights can not cover the act of direct broadcast of online games,but can only be regulated according to the provisions of the current law.It also points out that the above rights should be integrated in the new period,and puts forward the concept of "electronic communication right" in order to cope with the development of new technology.In the fourth part,the author analyzes the legal status of the main body in the online game direct broadcast,and clarifies the rights of the online game developer to enjoy the copyright of the dynamic game picture.Compared with the behavior of developer,the behavior of player or anchorman is less creative and can not enjoy copyright.In view of its corresponding contribution to the spread of game screen,it accords with the condition of performer and can enjoy the neighboring right as a performer.The webcast platform enjoys the rights related to the transfer of anchorages by virtue of the contractual relationship between the webcast and the anchorman.The fifth part demonstrates the possibility of the reasonable use of the system in the online game live broadcast.By using the "four factors measure method",this paper discusses the nature and purpose of the using behavior,the nature of the used work,the quantity and quality of the used part,and the influence of the use on the potential market or value of the work.It is suggested that it is not suitable for the signed professional anchorman to use reasonably,but the registered anchorman can pass the four-factor test and meet the conditions of reasonable use.It is considered that the application of the reasonable use system in the field of direct broadcast of online games is conducive to avoiding the monopoly of the live broadcast market,and is conducive to the development of the entire live broadcasting industry,which is in line with the knowledge.The legislative purpose of property law.