| With the rapid development of information technology,the electronic game industry is growing stronger and stronger.Electronic games not only provide people with entertainment activities,but also gradually derive the emerging sports such as E-sports and its related markets,so that the electronic games not only have entertainment properties,but also begin to show their competitive skills and professionalism.As a work,video games have the interactivity that other works do not have.This interactivity makes video games different from other works,and even can become a single kind of works.At present,there are many problems in the electronic game industry with a large scale and a wide market.The most important problem is the plagiarism of game rules in the video game industry.How to identify the nature of game rules in law has become an urgent problem in copyright law.This paper will be divided into five parts,analysis of the rules of electronic games can be works,as well as the scope of copyright rights and infringement identification methods.The general idea of this paper is:first of all,from the concept and characteristics of electronic game rules,and for the current situation of the infringement of electronic game rules and the necessity of protecting the rules of electronic games,and then for the electronic game rules can be protected by copyright reasons and legal issues for theoretical research,and combined with the relevant experience of foreign countries are discussed,finally This paper analyzes the composition and responsibility sharing of copyright infringement of electronic game rules,and analyzes the scope of copyright determination,the composition of infringement,and the methods of infringement identification,and puts forward some opinions.This paper mainly consists of the following partsThe first part is the introduction.This paper mainly introduces the research background and significance of the copyright protection of electronic game rules.At present,the research methods and innovation points of this paper are also discussed.The second part is an overview of the rules of electronic games.In this part,we first introduce the concept of electronic games and the concept and characteristics of electronic game rules,and discuss what are the rules of electronic games,what are the characteristics of electronic game rules compared with other works and traditional game rules,and the expression forms of electronic game rules.The third part is the necessity and dilemma of protecting the rules of electronic games.First of all,it discusses the necessity of protecting the rules of electronic games through copyright law.On the one hand,it is the need to promote the development of electronic game industry,on the other hand,it is the need to protect the intellectual achievements of game designers.Then,it analyzes the dilemma of the current protection of electronic game rules,mainly due to the rule law of electronic games The nature of law is unclear,and it is difficult to determine the infringement of electronic game rules.There are improper application of the principle of"dichotomy of thought expression",the principle of confusion and the principle of necessary scene.The fourth part is to analyze and demonstrate the rules of electronic games.This paper first analyzes the originality of the rules of electronic games and demonstrates the concept of originality.The creators of the rules of electronic games,through their own independent thinking and value judgment,reflect the creative achievements of works different from others,making them conform to the originality required by the copyright law;secondly,it discusses the expression form of the rules of electronic games,electronic games The specific expression of rules can be different from ideas.At the same time,the rules of electronic games can be expressed through the carrier of expression,and can be fixed through the fixed carrier,and can be copied in tangible form,which can meet the needs of copyright protection of works.Then,it analyzes that the rules of electronic games protected by copyright law should be non functional If the sub game rules can be protected by copyright law,it is necessary to realize the separation of artistry and functionality.Finally,the copyright law will protect the artistic part of the rules of electronic games.Finally,the independence of the rules of electronic games is analyzed.The rules of electronic games can be distinguished from computer software works,audio-visual works and other works.The fifth part is based on the copyright law of the rules of electronic game infringement cognizance rules put forward the corresponding point of view.First of all,the scope of copyright protection and rights restrictions of electronic game rules are discussed.The author divides the rules of electronic games into three types:limited expression of game rules,specific expression of game rules and game rules belonging to the public domain.Among them,the protection object of copyright law in the field of electronic game rules is the specific expression of electronic game rules;secondly,the electronic game rules are divided into three types This paper analyzes the composition of the infringement of the rules of the play;then it analyzes the responsibility sharing of the copyright infringement of the rules of the electronic games from the two directions of the general infringement and the joint tort liability;finally,it discusses the need to adopt the appropriate identification methods of the infringement of the rules of the electronic games,and uses different methods to analyze and identify the different types of electronic game rules,so as to realize the reasonable protection of the game This part mainly introduces three methods to judge the infringement of video game rules. |