Study On The Legal Status Of Players In Online Game Video Protection

China's online game industry is developing rapidly.A large number of online game videos have appeared on major online platforms,and many related legal issues have followed.As an indispensable and important subject in online game videos,players continue to expand in size and their legal status needs to be clarified.This article uses the components of online game video as a classification standard to classify the players associated with it,that is,players associated with the internal screen of the online game,players associated with the external screen of the online game,and players associated with the video and audio.Based on the associated video components,the attributes of different types of players are analyzed in detail.For different types of players,it is necessary to specifically analyze the attitudes and opinions of the player groups,game industry,and judicial practice on the determination of the player's legal status,and conduct empirical research.The research results of this paper found that the player group's determination of their status is not clear,the attitude of the game industry is vague and unfair,and judicial practice is mostly based on case analysis and judgment.In other words,there are no systematic legal status determination rules for players in China.Therefore,in order to clarify the legal status of players,this article compares the existing academic viewpoints one by one on the basis of the type of players,clarifies which type of players the relevant academic viewpoints correspond to,and discusses in depth the theoretical difficulties involved.Summarizes and proposes the legal status determination rules for online game video players.At the same time,through the investigation of the developed countries of the online game industry such as the United States,the European Union,Japan and South Korea,to understand the extraterritorial situation of the determination of the legal status of players,to learn from it and improve the establishment of the identification rules.Finally,on the basis of the identification rules,clarify the rights and obligations of players and the distribution of responsibilities in tort disputes,and put forward corresponding judicial suggestions.The innovation of this article is as follows: First,comprehensively consider the various components of online game videos,and analyze the legal status of players in different components separately,so as to obtain a set of systematic recognition rules.Second,in-depth empirical research on the gaming industry and judicial practice,detailed analysis of the service use agreements of major domestic online game developers and video distribution platforms,and more than ten online game judicial cases related to players Discuss it to provide a sufficient factual basis for establishing rules for determining the legal status of players.Third,the question of whether the player can be identified as a performer is discussed,and it is concluded that the player obtains the legal status of the performer based on the game element artwork in the game running screen.Fourth,it proposes a draft of a judicial guide on the determination of the legal status of players in online game video protection,with a total of 9 recommended clauses.