| In recent years,the state has vigorously strengthened the support and encouragement for the game industry,and the influx of capital also makes the development trend of e-sports games very rapid,and the number of users and profits of e-sports games are also growing year by year.With the rapid development of e-sports games,the industry of e-sports live games has also started to appear.It mainly provides real-time and synchronous e-sports games and games live screen watching services for the audience through the Internet and other media.With the continuous expansion of the industry scale of live video games,copyright disputes of live video games frequently appear in order to compete for the huge commercial interests behind live video games.E-sports live in order to explore the copyright infringement question,this article first from the e-sports games e-sports games live images and pictures,the legal nature of the e-sports game screen is divided into a single static images and dynamic continuous game screen,think of a single static game graphics art,dynamic continuous game such as a picture.E-sports games for live coverage from the players and e-sports games live broadcast picture two aspects were analyzed respectively,can draw and e-sports games players live picture cannot constitute a new work,but can be considered as a video recordings,suitable for protecting relating right conclusion,lay the foundation for later for further analysis.Secondly,the author will also discuss the identification of copyright infringement in live video games,mainly from the two main torts players and game live platform analysis.First,without permission,the behavior of players in the live broadcast of video games to the public to watch conforms to the basic rules of "substantial similarity and contact",which constitutes copyright infringement.Second,as a network service provider,the game broadcast platform does not take corresponding measures when "should know" players play video games to the audience through the broadcast platform without permission,which is subjective fault and will constitute indirect infringement.Thirdly,it will alsoanalyze the reasons for preventing the infringement of live video games,mainly to determine whether the infringement is a legal license or reasonable use.China's current copyright law clearly lists the applicable situations of legal license and reasonable use,excluding live video games.Therefore,unauthorized infringement of the legitimate rights and interests of esports game copyright owners in live games constitutes copyright infringement,and the actor shall bear the tort liability.Finally,it will put forward some Suggestions on the improvement of the legal regulation of live video games in China from three aspects: the legal nature of video games pictures,the setting of new copyright and exclusive rights,and the definition of standards for the fair use of live video games. |
PDF Full Text Request