The Analysis Of The Game Picture Copyright In “Zhuang You V. Shuo Xing”

In the case of the Game Picture Copyright in “Zhuang You v.Shuo Xing”,there are mainly three controversial points in terms of copyright:the nature and type of the work of the game screen,the copyright ownership of the game screen,and whether the game screen of the game involved constitutes the same or substantially similar.When judging the attributes of the works involved in the game,it should be divided into static pictures and dynamic pictures according to different states.In terms of static images,it mainly includes materials in the game,such as game characters,equipment,maps,etc.,which can be regarded as protection of art works;in terms of dynamic pictures,a series of sounds or no sounds are presented through a computer screen.The picture,the production method is the same as the new movie such as animated film,which can be classified into the most similar movie works.When judging the copyright attribution of the game screen,it is necessary to consider the type of the game and the subjective state of the game player.The game involved is a non-open online game.The operation of the game player is within the preset range when the game developer designs the game.The originality is limited,and the copyright of the formed game picture still belongs to the game manufacturer,not the game player.In determining whether the two games are identical or substantially similar,the “contact+ substantive similarity” rule should be combined with the “whole concept and feeling test method” and the “abstract-filter-comparison test method” to circumvent the rule.The drawbacks make the conclusion ofsimilarity more accurate.As far as the copyright protection of game pictures is perfected,it is necessary to start from the legislative and judicial aspects: the legislative property needs to clarify the works attributes of the game picture and the type of works;the judicial should correctly apply the similarity judgment rules,and recognize the game players under certain conditions.Copyright,drawing on the guiding case system to regulate judicial decisions.