Study On Infringement Of Online Game Webcasts Copyright

There are more and more cases appear after "Yaoyu Vs Douyu" the most famous copyright tort case of online game webcasts.The copyright infringement of online game live broadcast is a new problem in the field of copyright infringement in recent years.The existing "Copyright Law" cannot solve the following problems:whether online gameor the online game live screen can be constituted as a work.Whether the connotation of information network communication rights can be extended to explain the live broadcast behavior of non-interactive communication behaviors,what rights should be used by game developers to protect their legal rights,how do the webcast platforms avoid the risk of infringement,can the player become a performer,whether the performance can be protected by the neighboring right,who is responsible for the infringement of the online game broadcast,and whether the online game live behavior can constitute a fair use.In judicial practice these problems have not been solved well.Scholars have gradually turned their attention to the copyright issue of online game live broadcasts,and some controversies have arisen.In this paper,the author collects the research results of almost all scholars on this issue,and focuses on the method of legal hermeneutics,expounding her own views on controversial issues.This paper adopts a new perspective to discuss the types of online games,and divides online games into static games and dynamic games,then discusses the work types of online games from this two perspectives.Previous studies have not differentiated the concept of online game screens and online game live screens.Whether online game live screen can be protected as a work of copyright law there is no consistent view.This article divides the online game screen into two levels,which clarifies the difference between online game screen and online game live screen,and discusses if online game livescreens can be treat as a work.This article also discusses the relationship between online game webcasts and information network communication rights,the copyright infringement liability and the exemption from the liability.In the framework of joint infringement,using the ideas of direct infringement and indirect infringement to analysis the infringement liability of different types of online game live behavior.Analysis whether online game live broadcast behavior can constitute fair use.Through the discussion in this article,we can have a clear idea for most of the controversial issues,but if want to solve the problems thoroughly need legislators to focus on the third revision of China's Copyright Law.Legislation to improve the relevant issues,then game developers can protect their interests timely,and online game broadcast platforms will have a clear expectation of whether their behavior is infringement,and they can avoid excessive risk of infringement,balance the benefits,make China's network industry develop better.