Research On The Copyright Issue Of Online Game Live Broadcast

With the rapid development of the live game market,network game live related copyright infringement cases,become one of the most popular types of copyright case in judicial practice,and produced a series of such cases of infringement of copyright problems in the theoretical and practical circles caused widespread concern and controversy.This paper mainly discusses the following several parts: first,the network game picture work properties of the problem,because of its components conform to the copyright law works,has the originality and can by some visible form copy,so a sense of the copyright law works,at the same time the game live the whole picture of a series of images with sound or no sound,and has the rich picture content such as plot,character image,with the performance,such as highly similar picture,to be recognized as film work;Second,whether the legal status of the game players in the online game live images is the performer or the performer,which needs to be classified according to the type of the game.Third,network game behavior whether infringement of the exclusive right of the copyright owner of the live,because the live webcast belongs to a kind of network time live,do not conform to the requirements of the interactive,is not controlled by the "information network transmission right",and because the transmission way does not conform to the range of "broadcasting" control,therefore cannot be "broadcasting" and "information network transmission right of control,can only apply to out terms-" rights "to control the behavior of them.Fourth,live without permission from the game works copyright in network game behavior whether belong to rational use,to this,this article from the current existing legislation of our country,the United States is analyzed from the four measuring factors,law and economics,draw a network broadcast game is difficult to constitute a reasonable use,of course,this need a case analysis according to different situations.