| In recent years,with the advancement of network technology,the development of the game industry is changing with each passing day,showing a rapid growth in both quantity and quality.As a derivative product of electronic games,e-sports live broadcast and game commentary programs are popular in the world.It involves the interpretation and dissemination of continuous pictures of the video game.On the one hand,this kind of communication to the game screen does stimulate the innovation to a certain extent,promotes the further spread of the game,attracts the game users to the game developers,and thus feeds on the further development of the game industry.On the other hand,the problem arises from this.For a game with a picture as a selling point,once the game continuous picture is copied and transmitted by others,it will most likely affect the potential market of the game,even cause huge losses.Therefore,the study of the qualitative and attribution of copyright in the continuous picture of the game has important significance for the game itself and its related industries,which also causes the author to think about the problem of qualitative and attribution of the continuous picture of the game.Compared with traditional film and television works,the continuous picture of video games has special characteristics.This particularity has led to a series of problems in the qualitative and protection of copyright in the continuous picture of the game.For example,can a continuous picture of a game constitute a work? What type of work does it make? Who is thecopyright of the game's continuous screen? This paper is divided into three chapters to discuss the above issues.The first chapter mainly discusses the current situation of continuous pictures of games,including the concept of continuous pictures of games and the scope of this article,as well as the controversy and problems of the continuous image of the game in the qualitative and attribution of copyright.In particular,the game continuous picture discussed herein refers to a game picture in a video game that changes in accordance with the interactive behavior of the player and is consistent in presentation.The discussion of the continuous picture of the game is aimed at those electronic games that can generate interactive sounds without or according to the player's operation,and whether the game is a stand-alone game or an online game,whether it is a video game or a computer game.Association.At the same time,this paper argues that the discussion of the nature of the game's continuous picture copyright should be limited to the aesthetics that it can be perceived by itself,rather than the ruleplay behind it.Therefore,the continuous game picture discussed in this article is limited to pictures that can be separated from the gameplay rules and that are represented by continuous dynamic visual effects.Moreover,this chapter discusses the main disputes arising from the current academic circles and judicial practice,and analyzes the main causes of such problems in the current practice of the game,and analyzes the root causes of such problems.The second chapter mainly discusses the copyright definition of the continuous picture of the game.Specifically,this paper considers that the continuous picture of the game constitutes an audiovisual work.First of all,the "interactivity" of the game does not affect its continuous picture to form an audiovisual work."Interactivity" does not affect the "fixability" of the continuous picture of the game.Secondly,the "filming" requirements stipulated in China's "Regulations on the Implementation of the Copyright Law" are not necessary conditions for the classification of audiovisual works and other works.China's "Copyright Law" should cancel the restrictions of "filming" means as soon as possible to meet the needs of judicial practice and Trends in international legislation.Thirdly,the audiovisual works do not require the picturesto be presented in a fixed sequence,so the continuous display of the game conforms to the requirements of the audiovisual works.Moreover,the expression of the continuous picture of the game is closer to the movie work than the compilation of the database,the dictionary,etc.,which does not have the thought and the beauty of the content itself.Finally,compared with the compilation works or other types of works,the rights ownership rules of the film works are more suitable for the needs of the game industry,and the copyright of the continuous game picture by a certain theme is more realistic and practical.In summary,the continuous picture of the game as an audiovisual work,using the special tenet principle of the audiovisual works,can reduce the uncertainty of the development and subsequent use of the continuous picture of the game,thereby promoting the spread of the continuous picture of the game.The main content of the third chapter is the copyright ownership of the continuous video game.This paper believes that the copyright ownership of the game continuous picture and the developer of the game,for the game player,although the continuous picture of the game usually needs to be presented on the screen through the player's operation behavior,the game player is presented on the screen through its operation.The continuous picture of the game does not have an original contribution,and it does not have the status of a copyright owner.The game developer is responsible for the whole process of creating the electronic game.It not only bears the responsibility for the development and later use of the game picture,but also has the similar status as the director in the traditional film.Therefore,it enjoys the copyright and conforms to the Copyright Law.In addition,under the premise that the software program of the video game belongs to the game developer,the copyright of the continuous picture of the game belongs to the stable and effective exercise of the game developer to be more beneficial to the right.Therefore,it is more in line with the provisions of the Copyright Law and the current judicial practice and industry requirements to attribute the overall copyright of the game to game developers.Although some scholars have suggested that the operators and organizers of e-sportscompetition platforms also play a key role in the dissemination of continuous pictures of games,the operators of e-sports platforms should also have similar legal status as producers.The author believes that this view is biased.On the one hand,although the e-sports platform operators have played the role of investors,their investment is to run games and spread games,not to let game developers create games,which is significantly different from the role of filmmakers.On the other hand,in addition to competitive video games,there are many video games that are not confrontational,but have the same or even higher originality and artistic beauty on such continuous pictures.Such non-e-sports must inevitably adopt a different ownership rule than that of e-sports games,although there is no difference in the performance of their continuous pictures.The author believes that this distinction is obviously meaningless and not reasonable. |
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