| As the scale of China’s online game industry continues to expand,the number of online game infringement cases is also gradually rising,most of which are around copyright infringement disputes.In the current legislative situation,China’s intellectual property protection system started late,and there is no comprehensive legal provision for the copyright protection of online game elements.Under the existing legal framework,online game elements cannot be classified into any category.In judicial practice,at present,China has not established a perfect legal system for copyright protection of online game elements.The types of cases involving copyright infringement by games mainly include cases of software copyright infringement by online games and cases of copyright infringement by elements in games.The court has begun to adopt a protection model that claims rights by classifying elements of online games.For example,in the case of "Legend of Hea rthstone v.Legend of Wolong",the court found that the game’s graphical interface and game logo constituted the provisions of the "Copyright Law" on art works;in the case of "My Name is MT v Super MT",the court held that the name of the game character does not constitute The provisions of the Copyright Law on written works;in the case of"Miracle MU v.Miracle Myth",the court held that the game special effects screens constituted the provisions on movie works in the Copyright Law.The occurrence of online game infringement cases has severely damaged the work enthusiasm of the game R&D team and may have a devastating impact on the development of the overall industry.Only by providing legal protection to online game copyrights can we ensure that the entire online game industry will flourish in a healthy,orderly,good,and scientific direction and be more competitive in the international market environment.China’s current "Copyright Law" does not have clear and specific provisions for online games,and the law applies a spin-off approach.Therefore,online game developers usually take the form of advocating different game elements in online game content to claim rights in litigation.Therefore,this article will analyze the copyright protection of the elementsof online game content according to the existing laws and regulations,combined with China’s actual national conditions,through the observation of the current status of copyright protection of online game elements outside the domain,mainly using empirical research methods,legal interpretation methods,Compa rative research methods and other research methods analyze the elements of online games,and at the same time,compare the eight existing objects in the Copy right Law,and then establish the protection of online game elements and the protection model in judicial practice. |
