Research On Copyright Protection In Online Game Broadcast

With the development of new technology and new mode of transmission,network game industry arises at the historic moment,the game industry in China has become an important part of cultural industry,but because the network game has developed rapidly,many problems can not be effectively solved,the reason lies in lack of legislative support,especially some of the live online gaming industry's copyright problems.Live game industry despite the network safety "," information network transmission right protection ordinance and other laws and regulations to regulation,the problems related to copyright protection has obvious loopholes,and these laws and regulations is too broad,the copyright protection in the network game live many problems both in legislation and in theory.In accordance with the general ideas of "raising problems","analyzing problems" and "solving problems",this paper expounds the content of this paper,and adopts the research methods of literature research and comparative research.Drawing on the beneficial legislative achievements at home and abroad and combining theory with practice,this paper mainly elaborates from five parts.The first part is to overview the connotation of the network game live,live from game development present situation analysis found in the practice of the copyright problem in which the copyright and the relationship between the network game live,between the two complement each other,and then puts forward the necessity of perfecting the copyright law system on the game industry development;The second part is to sort out the current situation of copyright protection of online game broadcast in China and find problems in legislation,judicature and industry norms.The third part is about the current network game live some of the problems of copyright protection and theoretical controversy and list,first ofall,with the game on the game live picture to distinguish,both in the theoretical circle is often confuse STH with STH else,secondly discuss network game live images and whether the graphics problem belongs to the sense of the copyright law works,if included in the scope of protection of the copyright law will belong to what type of work,this paper argues that online games should be recognized and games live picture work properties,and through the analysis of various theories,the article that belongs to the "audio-visual works" type;Network game developers the right position,this paper argues that game developers should be a network game,network game and online game live coverage of the copyright owner,the legal status of network game anchor problem,namely whether to grant it deduce the identity of the author,from the host's contribution to the network game picture form to analysis that should not give it to deduce the author identity;Whether online game live broadcast belongs to rational use or not is a controversial issue in the academic circle.This paper lists three current academic viewpoints in favor of rational use and analyzes them.Then it combines two elements to specify that unauthorized online game live broadcast does not belong to rational use.At last,it shows that online game live broadcast has serious infringement on copyright,the most obvious manifestation of which is to broadcast and pirate online games without authorization.At present,China's copyright law does not include such behavior in the infringement regulation.The fourth part is the introduction of the relevant regulations on the protection of online game copyright outside China for our reference.Starting from the United States,Japan and South Korea respectively,we draw lessons from their recognition of game works and online game supervision strategies.The fifth part is the Suggestions on improving the copyright protection of online game broadcast in China: Mainly from perfecting relevant laws and regulations in network game live,live with the game on the game picture to make clear a regulation,gives the subject position of the copyright owner of the game developers,and clear the game live behavior does not belong to rational use,to build our country copyright infringement responsibility mechanism,clear the division of tort liability,the compensation standardsadopted punitive compensation mechanism,and strengthen the policy guidance related to network game live,online games industry associations to strengthen self-discipline management,through the solution of the four big aspects.Online game live broadcasting is the product of the vigorous development of the Internet and game industry.However,the current legislation is in a blank compared with the specific provisions of online game live broadcasting,so the above problems need to be solved urgently,so as to build a perfect copyright law system.