| Online game program,which is integrated continuous dynamic pictures based on competitive scene of the game players’,composed of commentary,midfield performance,communication and interaction,including online game scenes,live show and professional commentary.The premise of protection for online game program in the sense of Copyright Law is that online game program belongs to works.But in the theory,they often focuses on online game scenes,ignoring the identification of works for whole online game program.In practice,the relationship between online game scene and online game program is not distinguished.Which make them confused is harmful to the protection of copyright in online game program.The research whether online game program can be made to works or not,what kind of works constitute them,who is the ownership of copyright in online game program,what is the qualitative of the act of live broadcasting,and whether fair use exists,need to be resolved.The analysis of the elements of the works of online game program shows that the works of online game program belongs to the works created by virtue of the analogous method of film production,and the copyright of it belongs to the organizer of the competition.Live broadcasting is one of the important ways to show the online game programs.According to the current Copyright law,the act of broadcasting has not been included in the right of information network dissemination and broadcast.The act of broadcasting of online game program is protected by the fallback provisions.In combination with the Copyright Law(Draft for Review),it can be considered that the broadcasting act of online game program is the right of"broadcasting" in the future.In addition,the use act of online game programs by players for non-profit purposes should constitute fair use act. |
