On The Identification Of Nature Of Online Game Live Broadcast Behavior

In the context of the rapid development of online game industry the past few years,online games have continuously brought forth new business models through the old ones,of which the most attractive may be webcasting of game.As an emerging industry,webcasting of game has faced both an explosion in development and challenges from the traditional copyright system.The industrial chain of game webcasting is complicated,its operation involving multiple parties and the broadcasting mode diverse.Therefore,many disputes of copyright infringement have arisen out of the development of this industry.Currently,China's Law gives no specific provisions on the act of webcasting of game.As a result,the legal attributes of webcasting of game have been much debated in both theory and practice,even leading to different verdicts for the same kind of case.The legal attributes of webcasting of game is in urgent need of clarification.In order to clarify this problem,this paper first demonstrates the work attributes of online game screen and online game live broadcast video from the perspective of the composition of works,and then analyzes the types of their works on this basis.Secondly,because the online game live broadcast involves many subjects,this paper discusses the ownership of the rights and use restrictions of the online game live broadcast.Finally,on the basis of clarifying the above issues,this paper,combined with relevant cases,focuses on the analysis of the infringement attribute of online game live broadcast.At the same time,according to the existing provisions in our Copyright Law and mainstream judgment rules overseas,webcasting of game didn't constitute fair use and couldn't be held as a justification for its infringement.