Research On The Copyright Protection Mode Of Dynamic Game Picture

The dynamic game screen refers to the online game player through the computer client program,running the code to issue instructions,calling the corresponding material in the resource library and displaying the instant interactive screen on the terminal.In the copyright,it is often juxtaposed with the developer's preset game screen,because of the addition of the player's interactive operation,it is distinguished from the traditional screen.However,Chinese copyright law does not answer the question explicitly:the nature of dynamic game screens and the type of works.It is difficult to determine the applicable standards in current judicial practice,and there are many different judgments.This paper attempts to solve the problem of the attribute of the dynamic picture and explore which type of work should be classified into the copyright law of our country.First of all,submit questions:taking the "Fantasy Westward Journey Case" as the point,comparing the judgment of "DOTA case",we can find that the judgments of the two cases are not consistent with the qualitative picture of similar games.This leads to two major controversies.One is that the randomness of the screen generation has the effect of copying the requirements of the stipulated works of the copyright law;the second is the originality of the dynamic game screen.Secondly,the dynamic game screen is clearly defined,and the screen of the single game is excluded.The dynamic picture of the two types of online games,such as role-playing games and tactical competitions,is mainly discussed.Through the substantial comparison of the content of the picture,distinguish between several confusing concepts:1.The game screen is distinguished from the graphical user interface by its continuous dynamic effects and rich story stories;2.The live game screen contains dynamic game screens,in addition to the main screen content and sound of the anchor.After clarifying the connotation of the picture,it combines its characteristics with the definition of the work to analyze whether the dynamic game picture has reproducibility and originality.The game screen is created by the developer.The player's operation behavior does not have original value,and does not affect the originality of the screen itself.The screen reflects the personality of the game developer and is original.And the content of the screen can be fixed by a certain device,and can be reproducible for human perception.Therefore,the dynamic game screen constitutes a work in the sense of copyright law.Thirdly,combined with the jurisprudence to analyze the qualitative analysis of the extra-domain dynamic game pictures,and provide theoretical support for the following domestic reference.Finally,it analyzes the problems of the qualitative and protection mode of dynamic game pictures in China,and puts forward corresponding legal advice.Judicially,for the dynamic game screen,the protection of the copyright of the computer soft machine and the protection of the design patent are excluded,but the method of determining the originality of the work is lacking in the copyright.Hybrid theory and "necessary scene theory" combine to judge the originality of the work.In legislation,the types of works stipulated by the current law can no longer meet the ever-changing technological development.It is necessary to speed up the process of updating the articles,use the"audio-visual works" to protect the video games,and implement the legislative intent of balancing interests.