On The Protection Of "Works Created By A Process Analogous To Cinematography" In Game Pictures

With the development of computer science,video games are changing with each passing day.From the earliest "cathode ray tube amusement equipment" in 1947 to the large-scale games of high-definition picture quality,video games are becoming more and more complex and rich in content.These contents are the intellectual achievements of the creative team's hard work.If these intellectual achievements are not protected,it will definitely affect the healthy development of the video game industry.To solve this problem,the most important thing is the qualitative definition of the game of copyright in the copyright law and the corresponding protection path.It is the starting point for solving a series of problems in the field.At present,the mainstream video game "Protection of Different Elements" path has many shortcomings,and it can not adapt to the needs of electronic game protection.Therefore,this paper discusses and studies the protection path of the game like "Works Created by a Process Analogous to Cinematography".Due to the lack of consensus among the academic community on the general terminology of the game field,there are also major differences and lack of consistency in the logical relationship between different concepts.This inconsistency has caused serious obstacles to the legal research in the field of games,resulting in many differences in the premise of discussion caused by the deviation of conceptual terms.The first chapter of this paper first analyzes this.It is believed that the term“Video Games”commonly used in WIPO related reports should be translated into“????”in Chinese,instead of“????”and“????”.It is found that online games and mobile games differ only in the carrier,and they all belong to the upper concept of video games.There is no need to distinguish between them in the scope of copyright law research.After further researching the development process of video games,this paper found that the objects that can be"split and protected"in electronic games mainly include computer software,background music,sound effects,art design drawings,character models,scenes,maps,planning documents,scripts,scripts,Character and prop description,action and skill animation,scene animation,etc.Since China's current copyright law does not stipulate video games as a single object,courts can only protect them according to the objects corresponding to each object in the video game.However,the "Protection of Different Elements" path has many shortcomings.The second chapter of this paper analyzes the shortcomings of the "Protection of Different Elements" of video games in detail.First of all,the "Protection of Different Elements" path protection is not comprehensive,the game design and game rules of the "expression" level are also protective,and the court is in recent days.The decision also recognizes the protection of the “specific presentation of the rules of the game”,but the “Protection of Different Elements” path cannot protect this.Secondly,“Protection of Different Elements” also has the disadvantage of increasing litigation,low compensation,and confusing logic when applicable.In order to solve the shortcomings of the "Protection of Different Elements" path,the "Works Created by a Process Analogous to Cinematography" protection path of the game screen came into being.The third chapter of this paper first analyzes the game screen and thinks that the game screen is the core of the game.It is significantly different from the animations fixed directly by the electronic games such as action,skill animation,and scene animation.Secondly,there is a difference between the live video and the game screen.The game screen is the screen generated by the player playing the game.The live screen is the screen generated after the game screen is recorded,processed,and explained.The two are not the same.Finally,the game screen is not a simple reproduction of the material in the game resource library,but a new work generated by dynamically combining these materials.However,the protection of the game like "Works Created by a ProcessAnalogous to Cinematography" is not strictly "integrated protection" of video games.Because although it integrates many objects protected by copyright law in video games into the game screen for protection,it does not protect the underlying code part of the video game.And the game screen and the video game can not be drawn equal,the time generated by the two is not the same,the game screen is generated when the player plays the game.The "Electronic Works" protection path is aimed at game screens,not video games.It is also questionable whether game screens can be easily equated with video games.The third chapter of this paper further demonstrates that the game screen not only conforms to the constituent elements of the work,but also conforms to the constituent elements of the “Works Created by a Process Analogous to Cinematography”,and can be protected as a “Works Created by a Process Analogous to Cinematography” by the copyright law.At the same time,game screens exist in the United States as a precedent for the protection of audiovisual works.Taking the " Works Created by a Process Analogous to Cinematography " path of the game screen has two advantages.First,when judging whether the two electronic games constitute a substantial similarity,it is not necessary to make a substantive similar judgment on the works one by one,which greatly reduces the workload of the court..Secondly,the protection of video games is more comprehensive,and it can protect the "specific presentation of game rules."Finally,it is concluded that the game screen can be identified as “Works Created by a Process Analogous to Cinematography” for protection.Although “Works Created by a Process Analogous to Cinematography” cannot protect the underlying code part of the video game,it cannot be regarded as “whole protection” in the full sense,but The "Protection of Different Elements" still has the advantage of partially solving the problem of "Protection of Different Elements".