| With the rapid development of mobile Internet technology,the online game live broadcast industry in our country has gradually grown from a budding exploration period to an ascendant development period.The continuous expansion of its market share is driven by huge commercial value.Faced with this With attractive benefits,all parties involved in online game live broadcasts have participated in it and wanted to share a“piece of cake”,giving rise to a lots of online game live broadcast infringement cases in judicial practice.Through collating and collecting past cases,it is found that online game live screen copyright infringement disputes do not constitute a fair use of online game live screen.Therefore,the platform bears a huge amount of compensation,which greatly attacks the platform to expand the game live market enthusiasm,is not conducive to the sustainable development of the game live industry.The author holds that in a case of copyright infringement of online game live pictures,specific infringement claims shall be identified.First of all,we need to clarify the right basis of online game live screen.The determination of the right basis needs to start from the identification of the work and the identity of the author,that is,the determination of the attributes and ownership of game images which have been disputed for a long time.In addition,the complex characteristics of online game live screen,the copyright ownership of different types of live broadcast pictures is different,and the types of works and the nature of infringement are different.According to live broadcast mode and game type,this paper divides the game live broadcast into four types,and discusses its copyright property respectively.The platform game live screen has copyright attribute,can constitute a deductive work.Secondly,on the basis of the above problems and the "four elements" standard of fair use system in copyright law,it is believed that live broadcasting of the game events by an individual or a platform shall not constitute fair use.If it does not constitute fair use,the game live pictures often need to be permitted by the original owner of the game picture to translate on the basis of the game pictures to form an adaptation work.Therefore,relevant fees payable to game producers shall be paid when the platform organizes the live broadcast of the game,which shall not be limited to killing the live broadcast industry.This paper is divided into six chapters.The first chapter is introduction,which mainly introduces the research background,significance and content of this paper.In chapter 2,the ways of live game broadcast are divided into personal live broadcast and live broadcast platform live broadcast,and the types of games are divided into role-playing games and competitive games according to the degree of participation of players.On this basis,the pictures of live broadcast online games are divided into four types—personal live broadcast role-playing games,personal live broadcast athletic games,platform live broadcast athletic games,platform live broadcast athletic games,so as to clarify the complicated relationship between online game live broadcast and game type,and lay the foundation for the following chapters.Chapter 3 analyzes the copyright attributes of different types of game live images from the perspectives of originality and fixity on the basis of the typification of live game live screens,based on the basic principles of copyright law,the conclusion is discussed on the basis of determining the acceptance of copyright.The specific work types of various game live broadcast screens are of great significance to the copyright ownership and infringement determination of the online game live broadcast screens below.Chapter 4 is based on the discussion in Chapter 3,combined with the requirements of the author’ s identification of copyright law,according to the different subjects involved in all kinds of live broadcast,the copyright of each subject is analyzed from two aspects:the intention of creation and the contribution value of the work.Status,and further determine the ownership of the live broadcast screens of various types of games.Chapter 5 starts with the problem of copyright infringement of online game live screens that have appeared in the current judicial referees.Starting from the four elements of determining fair use,it mainly analyzes the types of game live screens with copyright attributes on a factor-by-element basis,and draws the conclusion that online game live broadcasts It is difficult for the picture to constitute a conclusion of fair use.Chapter 6 reviews the full text,from the angle of the legislative intent and industrial policy of the copyright law,the author summarizes the copyright protection of the live broadcast of the network game,and holds that the development of the online game live broadcasting industry should be tolerant and encouraging,and game manufacturing should be coordinated.The profit distribution relationship between the business and the game live broadcast platform to promote the sustainable development of the game live broadcast industry. |
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