| With the rapid development of the game industry and the Internet economy,online game live streaming of its derivative industries has also become an important part of the contemporary Internet economy,and the new industrial model will inevitably bring new legal challenges.At present,our country’s laws do not specifically regulate the problems in the field of online game live broadcasting.The lag between the law and the new legal issues has led to a lot of controversy on the qualitative issue of the copyright of online game live broadcasting in the academic and practical circles: games whether the live broadcast screen can constitute the work and rights attribution and qualitative issues,the qualitative behavior and role positioning of the game anchor in the game live broadcast,and whether the game live broadcast behavior can constitute a reasonable use problem.From the perspective of infringement liability,this article intends to firstly clarify the copyright of the online game live broadcast through analysis.The game live broadcast screen can constitute a work if it meets the copyright law work requirements.The relationship of the platform is judged by the situation,and it is clear that the game anchor has different legal status in different game types,which may constitute a performer or performer.Secondly,the infringement of online game live broadcasting is identified and whether there is a situation of exclusion of liability.The four elements of infringement are used to clarify the infringing nature and manifestation of online game live broadcasting.It is difficult to make reasonable use under the law,and combined with the analysis of the United States "four measurement elements" constitute the possibility of reasonable use.Finally,based on the analysis and discussion of the foregoing,the difficulties faced by the rights of online game live broadcast works are unclear,the copyright infringement responsibility is difficult to divide,and the reasonable use system is unreasonable.Under the system,how to make improvements and adjustments to the online game live broadcast as a new thing in the new industry.It is hoped that it can provide reasonable and effective ideas for the improvement of China’s copyright law system to promote the healthy and long-term development of the online game live broadcast industry. |