For the research on the copyright of video game network live broadcast,this article begins with the analysis of copyright object.Based on the idea/expression dichotomy,firstly analyzes the copyrightability of the electronic game and its live picture,and then combines the case analysis method to locate the subject of the copyright and then analyze the rights owned by different subjects.Not only is the game work a copyright object,but the whole of the game's live broadcast content can also be incorporated into the scope of copyright protection as audiovisual works.The rights and obligations of the game live mainly among the game developers,anchor and the live platform.Game developers are the authors of game works,owns the copyright of the game works.Whether or not a player devotes an originality work to the game depends on the type of game and whether or not the game leaves room for the player during the design process so that the player may become the author or performer of the game during the webcast.Among them,the author of the deduction enjoys the right of deduction based on the results of individual labor.The network broadcast platform is to provide intermediate services network service providers.Based on the judicial practice of foreign copyright law,even if the electronic game is protected within the scope of the copyright object,the player's live game behavior may constitute fair use and thus be exempted.The webcast platform can be exempted from the rule of safe harbor.They can regulate the rights and obligations of all parties through user agreements and contractual agreements,and at the same time introduce the implied permission rules. |