Research On Copyright Protection Of Live Pictures Of Online Games

Online game live broadcasting is a rapidly rising industry in recent years.It is precisely because of the rapid development of live broadcasting that many cases of infringement of games live broadcasting have arisen.During the trial of "Dream Journey to the West 2" and "DOTA2" cases,shortcomings of copyright law in protecting live video games,whether live video games can constitute works,whether piracy constitutes reasonable use,and whether legal compensation is reasonable were exposed.For a long time,the game has been placed in the computer software works,or split for protection,but from the current situation of the infringement of live broadcasting,the infringer does not get the desired effect.Instead,the infringer believes that the embezzlement of live broadcasting pictures is a reasonable use and will not damage the original market of the game owner.In fact,nowadays,live game broadcasting has become an integral part of the game and has the attribute of commodity.If we continue to use the original protection methods,it will certainly not be conducive to the development of the game industry.It is the disputes over the qualitative nature of live pictures that lead to the widening of the gap in compensation awarded by courts in similar cases.In order to improve the protection of live video games,this paper takes the "Dream Westward Journey 2" case and "DOTA2" case as the background to analyze,explore the causes of the controversial focus in the protection process and put forward reasonable protection suggestions.Firstly,the criteria for judging originality follow the principle of balance of interests and refer to German legislative experience to classify the criteria for judging originality of works.Secondly,rational use should adhere to the principle of comparison and listing,introduce the four-factor analysis method as the bottom clause,and improve the dilemma caused by the closed three-step test method.Thirdly,it points out that the standard of tort compensation should be based on the type of works to determine the amount of compensation,and establish the amount of compensation based on licensing fees.Provide a new path for the protection of live video of online games,so as to standardize the chaos of the game live industry,and help the healthy development of live games.