| According to the "2018 China Game Industry Report" released by Gamma Data,China’s game industry has revenue of 214.44 billion yuan in 2018,accounting for 23.6% of the global game market,and has become the largest country in the global game industry.Today,the game industry is so hot,and the legal issues related to it are slowly exposed.In the field of intellectual property,China’s copyright law is very lagging in response to game-related problems,and it cannot provide perfect protection for the emerging products of video games.As the core of video games,the copyright law of China does not stipulate the type of works that the game screen belongs to.This also leads to the infringement of the game screen,the justice of our country can not accurately characterize the case,thus making the justice into trouble.In response to this situation,the author believes that it is very important to characterize the type of work on the game screen.China’s copyright law must solve this problem.Therefore,the author starts with the basic concept of the game and looks for the connection between it and the type of works stipulated by the Copyright Law.It is concluded that the game screen has the attributes of the works and should be protected by the copyright law.However,as a type of work,it is protected by copyright law.The mainstream doctrine of law in China has “classical movie works(audiovisual works)”,“split the game screen into different types of works”,and “game screens are suitable for the bottom of the game”.The other works of the terms say "," the game screen does not belong to the work".There are some problems in the four doctrines of appeals.Some do not distinguish the types of games.All games are generalized and the language is confusing.Some are entangled in the whole and split,ignoring the essence of the game-"variability." Therefore,the author points out the inadequacies of the varioustheories,combined with the relevant laws of the developed countries of the game industry,to come up with a solution suitable for China’s current game industry-under the premise of flexible protection,the whole is identified as audio-visual works.At the same time,the author also noticed that when discussing the game screen,the game screen in the popular "user original content" such as the live game screen and the user-built game screen became an unavoidable part of the discussion.So in the last part,the author discusses the game screens in the user’s original content separately.The author believes that the original content of the user has the attribute of the work under the condition that the original author authorizes and provides the "innovative contribution",and should be recognized as a deductive work as a whole.At the same time,in order to better develop the user’s original content,we should promote the "parallel creation mode" to make the user’s original content better protected by law. |
