Study On The Legal Protection Of E-Sports Events Living

In recent years,with the increasing popularity of e-sport games and the rapid rise of the live broadcast industry,e-sports living industry develops vigorously and achieved rapid growth in scale and economic benefit.As a new industrial model,the development of e-sports living industry has also brought new legal problems.However,there are many main bodies involved in the e-sports ' living and there's a lag in the law,which cause a lot of problems that are difficult to solve effectively in practice.Therefore laws and regulations are urgently needed in this area.How to define the behavior of broadcasting,whether the live object is a work or not,what kind of work it is,and how to determine the nature of the unauthorized transmission of e-sports 'pictures,all those are the problems that need to be solved,which is also the significance and necessity of this study.Firstly,this paper introduces two typical cases about e-sports ' living: “Yao yu v.Dou yu”case and “Fantasy Westward Journey2”case.There is a similarity between the two cases,but the results of the judgment are quite different,exposed the legal difficulties faced by e-sports ' living industry in china at present.By summarizing the current judicial situation reflected in typical cases,we can see that there are two main controversy of the litigation disputes in e-sports ' living,that are whether the live picture of the game is a work or not and how to characterize unauthorized live activity.Therefore,in order to protect the right of e-sports events living,and to make sure the nature and protection method of the e-sports ' living,it is necessary to clarify the legal nature of the e-sports living object,which we called live game screen.E-sports ' game screen is the core basic content of e-sports ' living.The judgment of its nature determines the nature of the right to broadcasting.That is,the attribute of the rights enjoyed by the obligee.This article mainly analyzes the legal attribute of the live screen from the two angles,the composing elements and the object types of the works.If the picture in the e-sports events is a work,what needs to be discussed is the type of the object,which is mainly concerned with movie-like works in the copyright law.The accomplishment of e-sports games contains many elements,such as game developers,event organizers,gamers and live broadcast platforms.For unauthorized live broadcasting,in practice,there are three main points of view: copyright infringement,rational use and unfair competition.On the basis of analyzing the legal nature of the e-sports living,we can find that there are two legal protection modes.To address the problems exist in the modes,the author's make suggestions on how to improve the legal protection of e-sports events living in china.It mainly put forward legal advice from the "copyright Law" by combining with the(revised draft)published in 2014.