| In recent years,the rapid development of the electronic game industry has led to the progress of a series of related industries,and with the rapid progress of information network technology and the gradual popularization of 5G technology,the online live broadcasting industry has also taken a ride.In the live broadcasting industry,live broadcasting of online games is the most popular,but at the same time,there has been a lot of controversy.In the combination of online games and live broadcasting,the traditional copyright law has been greatly challenged.Since the first case of live broadcasting of online games in 2016,a series of issues involving live broadcasting of online games has caused a lot of controversy,and there is a large number of "different sentences for the same case" in judicial decisions.With the promulgation of the new "Copyright Law" on November 11,2020,the issue related to live broadcasting of online games has given rise to a new claim basis,but also a series of issues.This paper takes the study of copyright of live broadcasting of online games as the topic,and launches the full text with the logic of "nature-attribution-protection".First of all,the article clarifies the difference between online games and live broadcasting of online games,in order to avoid confusion of the two concepts by courts and related scholars and lead to errors in application of law.Then discusses whether the online games screen has the property of works,if the online games screen has the property of works,then what kind of works on earth? On the issue of which side belongs to the copyright of live broadcasting of online games,this paper expounds the copyright ownership comprehensively and systematically by combining with the judicial precedent with the academic circles,and tries to solve the discussion of only one kind of games as an example,so as to simply draw a conclusion that the same case is different.Finally,the discussion is divided into the infringement of game platforms and the infringement of online game anchors based on the assumption of infringement liability,of which the infringement of online game anchors can be further divided into breach of contract and live broadcast of online games without the permission of the copyright owner.In the protection of online games tort,this paper puts forward the corresponding solutions based on the three dimensions of legislation,judicature,platform and anchor.In order to balance the copyright owner’s monopoly position and public interests,the legal permission and fair use are introduced.At present,the fair use in our country has changed from closed to open.Therefore,this paper analyzes and discusses the transformation and application of "four-element analysis" and "three-step test" in our country from the perspective of comparative law. |
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