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Research On The Reasonable Use Of Copyright Of Online Game Live Screen

Posted on:2021-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:E D ZhaoFull Text:PDF
GTID:2416330614958670Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As a rising industry in the Internet era,the online game live streaming industry has huge market potential.Behind the huge market interests,due to the lag and ambiguity of the laws related to game live broadcasting,the legal contradiction between the online game industry and the online game live broadcasting industry is becoming increasingly acute.The first trial of the “Netease v.Huaduo” case in October 2017 and the second trial in December 2019 of the Guangzhou Intellectual Property Court brought this issue to the public 's view again.Live broadcast copyright issues.The article is divided into five chapters:The first chapter is the research background and literature review of this article.The second chapter analyzes the typical case of "Netease v.Huaduo" and summarizes the difficulties of the fair use in the case of infringement of live game screens: the attributes of online game live screen works are vague,the judgment criteria for fair use are not uniform,and fair use The findings are too general.The third chapter clarifies the basis for judging the reasonable use of online game live broadcast screens,and provides the prerequisites and theoretical basis for the specific analysis of the identification of the rational use of online game live broadcast screens.The fourth chapter adopts the "Four Elements Standard" to specifically analyze whether the reasonable use system can be applied to the online game live broadcast,which is also the key content of this study.This article believes that the identification of the reasonable use of online game live broadcast screens should be based on different types of live broadcasts and different types of games: different large-scale game event live broadcasts and player personal live role-playing games are difficult to constitute reasonable use,but individual players It is likely to constitute fair use when broadcasting competitive games and sandbox games.The result of the fair use determination provided in this article is only to provide a reference result for the judge.Whether it constitutes fair use requires the judge to make a specific judgment in judicial practice according to the specific case and cannot be generalized.Based on the foregoing analysis,this article starts from the legislative purpose of copyright law to encourage innovation and promote cultural prosperity.In Chapter Five,it provides some suggestions for the resolution of disputes and the rational use of online game live infringement cases.
Keywords/Search Tags:Online game live screen, Fair use, Four-factor standard, Market value, Balance of interests
PDF Full Text Request
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