Research On The Copyright Ownership Of Online Game Pictures

With the development of Internet technology and infrastructure,the Internet-related industries have developed rapidly,especially in the online game industry.As a new industry,online games have also developed many problems at the same time.In recent years,the problem of infringement of online game screens has become increasingly prominent.The online game screens have not been clearly characterized and classified in the "Copyright Law",which often makes it impossible to rely on judicial practice.Relevant judicial trials often fall into passive,copyright of online game screens.Protection issues need to be resolved.In China,online game screens have not been clearly defined,and judicial activities are basically analogous to other legal provisions.In practice,the judiciary often divides the online game screen into works such as literary works and art works.This split protection mode has flexibility and can solve online game screens without changing the existing legal provisions.The problem of the type of work is divided,and it is also convenient to determine the attribution of copyright.However,since the mode of split protection is static,in the process of application,the objective facts of the online game screen as an organic whole are neglected.The infringed person can only determine the amount of compensation according to the literary works and art works,and the amount of compensation.Lower,can not really punish the infringer,curb the occurrence of infringement.In addition to the split protection mode,online game screens are often characterized as movie-like works in practice.By applying the legal provisions of film-like works,it is possible to quantify the losses of the infringed person and to clarify the standards for reviewing the infringement.However,the existing copyright law has narrower regulations on film-like works,and the lack of a clear legislative attitude to apply film-like works to online game screens.In foreign countries,many countries have not divided the online game screen into certain works in legislation,and more is to protect management through jurisprudence and industry self-discipline.The United States first identified the online game screen as an audiovisual work in the form of a precedent,and passed the bill to encourage network service providers to take active measures to safeguard their rights and focus on the protection of network service providers.In terms of protecting the copyright of online game screens,China has taken many measures.However,the effects of these measures are not obvious.There are still some outstanding problems in theory,legislation and judiciary that cannot be solved.These issues involve the definition of onli0 ne game screens,the attribution of rights,and judicial protection.Qualitatively,whether the online game screen belongs to the work,lacks the theoretical support and the standard of judgment for the originality judgment;the right attribution,lack of theoretical interpretation of whether the parade is a creative act;judicial protection,demolition The sub-protection model does not adequately protect the copyright of online game screens,the blurring of the boundaries of fair use,the lack of uniform judicial standards in the judiciary,and the excessive discretion of judges.Based on these questions,the author makes suggestions in a targeted manner,enriches the theoretical support and interpretation of the problem by referring to relevant theories,expands the scope of application of film-like works and adds kinds of audio-visual works to improve the relevant legal system,introduce relevant mechanisms and clear Quantitative criteria to improve the scientific nature of judicial trials.This paper starts with the concept of online game screen and analyzes the composition and characteristics of online game screen.Based on the current judicial practice,the protection status of online game pictures is explained from the aspects of split protection,film-like works protection and extra-territorial protection mode,and the protection mode and approach of online game pictures are clarified.From the aspects of whether it belongs to works,copyright ownership,judicial trials,etc.,analyze the problems existing in reality,and propose relevant countermeasures based on these existing problems.It is recommended to learn from relevant theories to enrich the theoretical interpretation and support of relevant issues,and to supplement and improve related issues.The legal system,the introduction of relevant mechanisms,and the clarification of judgment standards,etc.,strive to provide some intellectual contribution to the protection of online game screen copyrights.