Case Analysis Of Copyright Infringement Dispute Between NASDAQ: NTES And Huaduo Association

With the development of the times and the rapid rise of emerging industries,the object of copyright is in a dynamic and changing trend.The stability,lag and unreasonability of the relevant provisions of the Copyright Law make it difficult to apply the existing legal provisions to deal with some practical problems.Qualitative analysis of copyright of electronic games and identification of infringement of live games are difficult problems arising under the current legal system of our country.In this paper,Netease v.Huaduo copyright infringement case as a point of view,to start the relevant legal issues in-depth thinking.There are three controversial points in Netease v.Huaduo copyright infringement case,namely,the intellectual property property of video games,the rational use of live games,and the types of copyright infringed by live games.Through the analysis of the controversial focus,the author draws the following conclusions: firstly,as far as the attributes of video games are concerned,there is no difference in essence between game pictures and live pictures.In this case,the game pictures of "Dream Journey to the West 2" can be protected as movies,and the players' operation of the game has not resulted in new works in the field of copyright.Secondly,in terms of the rational use of live video games,for non-competitive games,players' live broadcast behavior of game content does not constitute a reasonable use.For competitive games,we can adopt four measurement factors of rational use,conversion use,restriction conditions and other theoretical judgments.Thirdly,as far as the copyright infringement of live video games is concerned,the act of live video games has distinct illegality and accountability,but considering that the infringement can not be adjusted by the exclusive rights of copyright owners,such as deductive rights and information network dissemination rights,it should be recognized that the act infringes on “other rights that should be enjoyed by copyright owners”.Netease Corporation organizes anchors to broadcast the content of the game “Fantasy Westward Journey 2” live,which is the perpetrator of the infringement and constitutes a direct infringement.Based on the analysis of the cases,I put forward some suggestions for the improvement of the Copyright Law for reference.Firstly,we should clarify the copyright attributes of video games,add the category of “video games” to the Copyright Law,or delete the formal elements of “film-like works” to satisfy the requirement of “filming on a certain medium”,and protect video games as “film-likeworks”.Secondly,the fair use clause of copyright law should be improved by adding general provisions and bottom-line clauses.Thirdly,to regulate the exclusive rights infringed by live game broadcasting,the relevant provisions on deductive rights are added to the Copyright Law.By establishing a new exclusive concept of “the right to disseminate information to the public” or incorporating non-interactive information network dissemination behavior into the concept of information network dissemination right,the loopholes between information network dissemination right and broadcasting right can be remedied.