Research On The Fair Use Of Copyright In Online Game Live Broadcasting

In the new network environment and rapid development of Internet technology,the online game live broadcast industry developed robustly as an emerging industry,and it became one of the fundamental industries under the Internet economy.However,the online game industry chain is complex,which involves multiple methods and related subjects in the operation process.The live game types and modes also present diversified forms.Therefore,many infringement legal disputes occurred during the operation and development of the online game live broadcast industry.The trial of infringement cases encountered difficulties,which brought about the copyright protection issues.Usually,in the trial of such cases,the legal type of the online game,the rights attribute and the ownership of the related rights were inevitably involved.On the basis that the above problems were confirmed,whether the online game live behavior constituted a fair use becomes the key to the infringement determination,in online game copyright infringement cases.The article contains the following four parts,the first part analyzed the focus of the judgment dispute in the typical case--"Fantasy Westward Journey 2",and summarized the issue of fair use of copyright involved in online game live broadcast.At the same time,the relevant concepts were analyzed,the running mode and related subjects of the online game live broadcast were sorted out,which build a foundation for the analysis and discussion of the problem.The second part focused on the theoretical basis and logical premise of the fair use of online game live broadcast,and then provided corresponding arguments and logical starting points for the specific analysis of the fair use of online game live broadcast.The third part combined the situation and standards of the fair use of copyright in the current legal provisions at home and abroad,then conducted a comparative analysis of the fair use of online games.The last part analyzed the problem of fair use of online game live broadcast according to the existing fair use system in China,and made additional analysis based on the judgment standard of “four elements theory” aboard,and then gave advices for the fair use of online game live broadcast.