Study On The Tort Problem Of Live Screen Of Online Game

With the rapid development of modern science and technology,many new industries have emerged,among which video games belong to a representative category.With the continuous development of emerging markets,its potential economic benefits have initially emerged.As a new thing in the online game industry,the live broadcast industry of online games has gradually entered people’s vision,and the field of copyright protection is also facing unprecedented new challenges and impacts.At present,China’s relevant copyright legislation does not clearly stipulate the protection of such emerging things as online games.The emergence of new things makes the lag of legislation prominent.This paper reflects on the judicial protection of the copyright of the emerging things of online games in China,interprets the copyrightability of online game pictures and live video pictures from the perspective of legal protection,analyzes the infringement identification of live video pictures of online games,and puts forward that the legal adjustment of the interests between online game developers and live video players should be improved based on the balance of interests.Paying attention to the protection of the interests of the live broadcasting Party of online games is conducive to a reasonable grasp of the scale of judicial judgment in practice,without limiting the development of the live broadcasting industry of games;in theory,it is conducive to improving the copyright system,and enriching the theoretical propositions such as the types of works,the transformative use,and the limitation of rights suitable for the development of the emerging game industry.The paper consists of four parts:The first part,starting from the typical judicial cases,analyzes the infringement of the copyright of the whole screen of the online game by the live broadcastbehavior,and points out three issues related to the protection of the interests of the live broadcast party,namely: the copyright of the whole screen of the online game,the qualitative nature of the live screen of the online game and the infringement compensation.The second part analyzes the reasons for the copyright determination of online game screen.On the one hand,it analyzes the protectability of the whole game screen of the Internet developers in the judicial system;on the other hand,it analyzes the protectability of the live game screen of the Internet players,and summarizes the judicial opinions and theoretical differences.The third part further discusses the necessity of protecting the interests of the live broadcasting party from the perspective of the interests balance between the online game developers and the live broadcasting party.Based on the analysis of the relationship between online game developers and online game broadcasters in economic reality,this paper points out the value orientation and measures that should be taken to pay attention to the interests of online game broadcasters at the level of legal protection.The fourth part of the judicial practice in ignoring the protection of the interests of the broadcast party reflected in the three issues,targeted to put forward suggestions for judicial improvement and legislative proposals.