The Argumentation For The Creation Of A New Type Of Works For Online Games

An online game is a kind of computer software whose characters,equipment,background music and other materials can constitute art works,music works,etc.Beginning with the "Miracle MU" case,the practice of protecting an online game is as a holistic work has drawn increasing attention among the practitioners and theorists in judicature.However,for the types of works that online games constitute,there are various claims such as the compilation of works,works created in a way similar to cinematography,the ‘other works',the independent works and others.This paper holds that there are problems with the claims of compilation of works,works created in a way similar to cinematography and the other work.The closed legislation model of the current Copyright Law has handicapped the judicial practice to face up to the new challenges posed by technologies.Furthermore,the inherent complex nature of online games has also increased the difficulty of research.The best way to protect online games is to set up a separate type of works.It is in line with the development needs of online games and the relationship between copyright laws and technological development to separately set up a type of works for online games.From the historical experience of film formation of a single type of works,online games separately being set as a type of works should be an inevitable choice.Compared with the amendment of the Copyright Law and the enactment of protection regulations,it is more effective and feasible to issue judicial interpretations to determine the separate type of works of online games.After that,an online game can become the right object of the right to rent and the right to show;and in the case of infringement comparison,it is better to use the overall perception method.In addition,consideration could also be given to the establishment of a collective management organization for online games to protect their copyright.