| In just a few years,the live streaming of online games has gone from abstract concept to mature market,and its rapid development has led to the prosperity of other industries and changed the way people relax and play.The development of online game broadcasting not only enhances the country’s cultural soft power and enriches the life of citizens,but also brings many problems that need to be solved in the field of copyright.In recent years,there have been several influential practical cases on the live screen of online games,and there are different cases,and thus exposed some copyright problems at this stage.On the one hand,with the development of electronic technology and people’s demand for interactive,entertaining and decompression of the game,the player’s demand for the game’s plot design,picture composition and scene freedom is getting higher and higher.Games are no longer simple pixel games,but an immersive and immersive experience.However,because China’s Copyright Law has not yet accurately located the copyright screen of the game live,whether the live picture of the online game should be recognized as a work and what type of work should be identified is uncertain,there is a great deal of controversy.Moreover,there are many kinds of live streaming of online games,different types of live broadcasts are very different,in order to form a complete set of identification rules has greater difficulty.On the other hand,with the increasing heat of online games,a variety of e-games emerged,followed by a series of live platforms,and gradually produced a distinction between "game screen" and "game live screen" necessary.Only by clarifying the relationship between the game picture and the game live screen can we further define the properties of the game live screen.This paper is divided into four parts,the first part first through the judicial case and scholars dispute point out the current academic and practical session of the network game live screen works properties of the different identification,summarized the online game live screen copyright works properties,works type and game live screen copyright ownership of the three aspects of the dispute,and pointed out the need and urgency to solve these problems.The second part first distinguishes what is"online game live screen",what is "game screen",and starts from the relationship between the two,explains the similarity and difference between the above two concepts,and classifies the game live screen,according to its originality degree,divides it into players’ own live game live screen(i.e.UGC type live screen)and large eSports game live screen,and uses literature analysis and case analysis method to discuss it separately.Whether there is the possibility of constated works and what type of works should be attributed to,it is pointed out that large-scale live video games should be classified as audio-visual works,players’ own live game pictures should be analyzed for their originality,there is the possibility of being attributed to video products or oral works;Discuss how the copyright should belong.Ultimately,it is believed that gamers can not be identified as the author of live screen,but can be considered as the author of UGC type of live screen,the event organizers should be identified as the author of large-scale live video game screen;Strive to provide valuable reference value for subsequent disputes arising from such live footage. |
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