Reseaech On Copyright Of UGC Game Live Broadcast From The Perspective Of Balance Of Interests

With the development of science and technology,people's entertainment methods have become more diversified.Game live broadcasting is an entertainment method that has emerged in recent years and has quickly formed a huge market.However,behind a huge economic effect,a series of problems are hidden: In online game live broadcasts,especially online game live broadcasts in UGC mode,do the live broadcast screens constitute works in the sense of copyright? What kind of behavior does the game host use for games that already constitute works,does it constitute fair use? How to balance The interests of the general public and the interests of game copyright owners,etc.Although the current intellectual property law theory and practice have discussed this,but a relatively mature and unified point of view has not yet formed.In today's booming online game market,such issues are urgently needed Research and solve it.This article selects the most important UGC game live broadcast in the live broadcast market as the research object,discusses related copyright issues,and attempts to construct a benefit distribution system based on the principle of intellectual property interest balance.This article is divided into three parts: introduction,body and conclusion.The body is divided into the following three chapters:In the first chapter of this article,according to the order of games,game screens,UGC live broadcast mode and game live broadcast screen,the concept and characteristics of the research object of this paper,UGCmode live game screen,are systematically expounded.First of all,based on the introduction of the concept of the game,the formation,type and legal attributes of the game screen are analyzed,and the domestic and foreign views on the legal attributes of the game screen are discussed comprehensively.The rationality of the "works" trend.Secondly,the concept,technical characteristics,subject relationship and content of the live game screen of the UGC mode are analyzed.It is emphasized that the live game screen of the UGC mode should be viewed as a whole,and the elements contained in it cannot be separated and discussed separately.Furthermore,the game screen Comparing with the live game screen from the performance content,the intuitive difference between the two is obtained,which is used as the basis for the discussion below.Again,on the basis of the foregoing,through the rational use of "conversion use" fall into The analysis of the doctrine of exclusive scope constitutes infringement,etc.The discussion of the relationship between the game live screen and the game screen is initiated,and it is proposed that "the game live screen belongs to the adaptation and interpretation of the original game and the game screen,which is the intellectual achievement derived from the original game work The degree of originality contained in such adaptations and interpretations determines whether the live broadcast of the game constitutes a work.” And believes that the discussion should not be stopped at qualitative issues.The final resolution of the problem and the distribution of benefits are the focus and end of the discussion.The second chapter is one of the core parts of this article's research on the UGC mode game live copyright problem,in order to give a reasonable analysis of the attributes of the game live screen work.This chapter separately demonstrates the sufficiency of the game live screen as the deductive work from the level of copyright law And the justification of the determination under multiple principles under the principle of balance of interests.In terms of sufficiency,through the analysis of the game's live broadcast screen in accordance with the judgment of intellectual achievements and the reproducibility and originality,it is determined that it meets the standards of copyright law for works,and Belonging to thecategory of deductive works.When discussing the issue of originality,the author proposes a "contrast analysis of differences in personality expressions against the determination of the originality of derived intellectual achievements,and judges the existence of originality based on the differences in expression between the two."Height and height" point of view.In the legitimate discussion section,the author insisted on the principle of balance of interests as a guide,and demonstrated from the perspective of market economy that there is no competitive relationship between game live broadcast and game service but there is a synergistic effect.The nature of the work is helpful In order to maintain a good market order;from the perspective of law and economics,the author The non-competitive,spillover,exclusive and non-exclusive mixed economic properties of the product,as well as the realization mechanism of the low price of the value of the knowledge product,the cost compensation mechanism and the decreasing marginal cost,increasing the marginal income,and other production mechanisms,combined with the analysis of the game live broadcast The characteristics have drawn that the identification of the live broadcast of the game as a deductive work not only guarantees and enhances the interests of the game manufacturer to the greatest extent,but also grants the copyright of the new subject,which meets the Pareto optimal requirements and maximizes social welfare.,With a legitimate foundation.Chapter three attempts to construct a reasonable benefit distribution system on the basis of the rationality of the previous argument,and believes that the establishment of a statutory license can perfectly balance the interests of all parties.At the same time,the statutory licensing system also has the reasonableness and feasibility of the current implementation Sex.The specific content of the system is: first,for the interpretation of game works,the rights of game manufacturers are constrained by compulsory regulations,so that they cannot use their copyright claims to prohibit the performance of others through live broadcasts;second,The form of laws or legal norms recognizes the attribute of the deductive work of the live broadcast of the game,and recognizes the personal anchor as the copyright owner of the deductive work;again,clarifies the right of thecopyright owner of the game work to charge a reasonable fee and stipulates that the charging standard is the industry proportional system,The basis for this right can be directly derived from the copyright law;finally,the industry associations of game manufacturers and game live broadcast platforms are established separately,and the reasonable proportion of charges is determined through communication and negotiation at the level of industry associations and the object of the use of game works,the deadline and the distribution of responsibilities are clearly defined Etc.specific content.In the end,the conclusion of this article is to consider from the perspective of copyright law interest balance concept,construct the legal permission system of game live broadcasting from the legislative dimension of intellectual property rights,and rationally configure the rights and obligations between game manufacturers,live broadcast platforms,and personal anchors-allowing players Live broadcast the game.While recognizing the nature of its deductive work,game manufacturers should be given reasonable compensation.