Research On The Copyright Issue Of Video Game Live Broadcast

Due to our country's copyright legislation is relatively backward compared with other countries in the world,and the video game live picture is gradually becoming the focus of copyright object with the hot spot of the live broadcasting industry in recent two years.Therefore,there is a great controversy about the identification of the legal attributes of live video games,and there is also a problem of inconsistency in the application of law in judicial practice.Video game live broadcast screen can be divided into individual video game live broadcast screen,video game competitive game screen and individual game screen,and these three screen is not isolated,it is composed of different game screen super position.The bottom level of the screen is the game repository of images,video and models.The pictures generated in the operation of the game may be directly playing the pictures and video in the game resource library,or it may be mobilizing the game model and map resources through the player's operation to form a dynamic game picture.The pictures and video in the game resource library can be protected as art works and audio-visual works respectively.The work belongs to the game's developer.Individual game pictures are controversial in the academic circle.The author believes that this part of game pictures,because it involves a wide variety of game types,should not be considered as a work,but should be judged according to the originality of players' contribution to the formation of game pictures.Game category can't reflect the player's contribution to the original size,so can't in as the basis of measurement of the size of the contribution to the players of the game screen size can choose according to the game offers players the possibility into by A(completely impossible)to E unrestricted choice of players(game)5,game composition works is the minimum requirement of players have free under certain preset goals,reoccupy path superposition method to judge whether the player really made original contributions.If individual game pictures constitute works,they belong to audio-visual works,and the copyright of game pictures belongs to players.E-sports pictures constitute a kind of film works,the copyright of which belongs to the organizers of the competition.Only by clarifying the legal attribute of online game live broadcast screen as soon as possible,can the relevant disputes involved in online game live broadcast be better solved and the online game live broadcast obtain due copyright protection.After clarifying the legal attribute and attribution of copyright,it will be discussed whether the use of the work of the live streaming platform without the authorization of the copyright owner constitutes a reasonable use.In China,the rational use is listed in a closed way,but the game broadcast obviously does not belong to its category.But our country's enclosed enumeration obviously cannot satisfy the practice need which changes with each passing day.In this regard,the "four elements" of reasonable use in article 107 of us copyright law can be used for reference to determine whether game live broadcast constitutes the scope of reasonable use.