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Study On The Copyright Of Live Broadcast Program Of E-sports

Posted on:2020-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:D Q ZhangFull Text:PDF
GTID:2416330602461313Subject:Civil and Commercial Law
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In recent years,live broadcast program of e-sports has become more and more popular,so that the infringement disputes involving live broadcast program of e-sports are increasing day by day.However,there is no unified conclusion on the related whether it has copyright.Therefore,this paper will focus on the copyright of live broadcast program of e-sports,through combing the domestic and foreign literature,a preliminary understanding of live broadcast program of e-sports related theory,in order to clarify live broadcast program of e-sports related copyright issues.The full text is divided into five chapters.The first chapter puts forward the copyright problem of live broadcast program of e-sports,mainly combs the research status at home and abroad,and makes a preliminary introduction to the research background.First of all,from the copyright disputes of live broadcast program of e-sports in various countries,in order to clarify the focus of the issue.From a foreign point of view,The United States and South Korea have implemented the game classification system for many years,which has clearly stipulated the rights limits of e-sports event organizers,but the copyright of live broadcast program of e-sports is still controversial,and the relevant legislation is not perfect.From the domestic point of view,the copyright of live broadcast program of e-sports is the biggest controversial focus,such as the non-work theory,the cinematographic works theory,the compilation work theory,the deductive work theory and so on.It can be seen that it is necessary to study the copyright of live broadcast program of e-sports.The second chapter analyzes and defines the related concepts of live broadcast program of e-sports in view of the focus of copyright dispute in live broadcast program of e-sports.Different from video games,e-sports is an antagonistic sport carried out with the help of information equipment under the unified competition rules,which is based on competitive video games,and its essence is a kind of competition type.The e-sports event discussed in this paper only refers to the "offline competition" of e-sports,which is a form of competition organized by a professional organization,that is,e-sports contestants take part in the competition at a specified time and place under the leadership of coaches and leaders,and there are also professional referees at the scene of the competition.In fact,live broadcast program of e-sports is a kind of visual expression,which includes video game picture,videogame live broadcast picture and sound and other materials.The third chapter focuses on the copyright of live broadcast program of e-sports after defining the research object of this paper.Through the analysis and comparison of labor theory,personality theory,utilitarianism theory and social planning theory in the copyright system,this paper discusses the theoretical basis of the copyright legitimacy of live broadcast program of e-sports,so as to effectively respond to the copyright problems caused by the development of science and technology.Finally,combined with the constituent elements of the works and the principle of dichotomous expression,the originality theory makes a specific analysis of the copyright of live broadcast program of e-sports.The fourth chapter further discusses the copyright ownership of live broadcast program of e-sports on the basis of affirming the copyright of live broadcast program of e-sports.In terms of copyright property,live broadcast program of e-sports basically conforms to the constituent elements of the cinematographic works,and it can be protected as the cinematographic works.In terms of ownership,the organizer of the event is in the position of producer on the basis of the organization labor and capital investment,so the organizer of the event is the copyright owner of live broadcast program of e-sports.The fifth chapter,based on the research of copyright ownership of live broadcast program of e-sports,further discusses the copyright protection of live broadcast program of e-sports.First of all,we can distinguish the different types of embezzlement.Secondly,it makes a comparative analysis of the infringement involved in the act of embezzlement.Under the current copyright law system,live broadcast program of e-sports can only be included in the protection category of "other rights" in the bottom clause.Finally,the tort liability of the main body of these acts of embezzlement is analyzed.Individuals may not only bear direct tort liability because of direct tort,but also undertake indirect tort liability because of helping tort,and live broadcast website may bear it because of its direct tort.Direct tort liability may also bear indirect tort liability because of individual direct tort.
Keywords/Search Tags:live broadcast program of e-sports, copyright, cinematographic works, copyright protection
PDF Full Text Request
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