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Research On The Copyright Of Online Game Operation Screen

Posted on:2020-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:R X SongFull Text:PDF
GTID:2416330590956694Subject:Law
Abstract/Summary:PDF Full Text Request
In the "Betta Fish Case" in 2015,the court did not have the originality and reproducibility of the online game screen to judge that the online game screen did not constitute the work protected by the copyright law,which led to a big discussion about whether the online game screen constitutes a work.Coincidentally,in the "Miracle MU" case,the court first identified the online game screen as a movie-like work,and in the "Fantasy Westward Journey 2 Case",the court found that the game screen involved constituted a movie-like work.Different judgments for the same type of case are due to the fact that no specific provisions have been made in the law.Therefore,this article elaborates on whether the online game screen constitutes a work,the ownership of the rights,and whether the online game broadcast constitutes a reasonable use or infringement of the online game screen.Discussion.This article firstly analyzes the "Betta Fish Case",and summarizes the focus of the case through the analysis of the "Betta Fish Case" judgment and the discussion of the academic circles.At present,the focus of the dispute mainly focuses on whether the online game screen constitutes a work,the rights and attributes of the online game screen,and whether the online game broadcast constitutes an infringement.Secondly,it further analyzes whether the online game screen constitutes a work from both originality and reproducibility.The author believes that the online game screen is original and reproducible,so it can constitute a work.Again,it is an analysis of the rights and rights of online game screens.The author believes that online game screens are more realistic in the current legislative status,and they are based on the principle of "film-like works" protection according to the law.Under normal circumstances,the copyright of the online game screen should be owned by the game copyright party,but when the third-party platform dominates the copyright is no longer the exclusive rights of the game copyright party,in this case should be owned by the third-party platform;Finally,it is an analysis of whether the online game live screen constitutes a reasonable use and infringement of the online game screen.According to the four measurement factors reasonably used in the United States,it can be considered that the online game live screen with simple elements is a reasonable use of the online game screen,but not It is authorized to conduct a live broadcast of a network game screen through a professional competition platform as copyright infringement.
Keywords/Search Tags:online game screen, originality, transformational rational use, works attribute, ownership of rights
PDF Full Text Request
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