| This article is divided into three parts: introduction,main text and conclusion.The main text is divided into the following three chapters:The first chapter of this paper expounds the concept of live video game and analyzes the difference between the live video and the whole picture of the game.It combs the legal status of the live video of the game,summarizing the difficulties,disputing encountered in the judicial practice of the live video of the game,and takes it as the basis for the discussion below.The second chapter begins to explore the work attributes of the game live broadcast screen,mainly discussing the workability of the game live broadcast screen.Based on the classification of the game live screen,this chapter analyzes whether the game live screen has been adapted and interpreted from the original game and whether it constitutes the derived intelligence of the original game work through the discussion of the relationship between the game live screen and the overall game screen.Regarding the live game screen as a whole,combined with the analysis of the reproducibility and originality of the live game screen,it is demonstrated whether the live game screen can constitute a work from the copyright law level.Different game types and different live broadcast content have a significant impact on the classification of game live broadcast screens: sandbox games provide game materials to players for free creation,and even directly give players the right to independently create game materials.Even if this type of game does not add any live broadcast related elements and simply displays the game screen,as long as the in-game work made with the material is sufficiently creative,it can be formed independently of the game work itself,and then the creation is transmitted through the live broadcast technology so the process of producing live images must have originality.For other types of games,the live game images generated by game operations alone do not have enough originality.Combined with the division of live broadcast behaviors,the live screens that simply display game screens without adding other elements are called non-original game live screens(except for sandbox games),and the universal UGC mode game live broadcast output with camera screens,game commentary and other elements added is called the composite game live broadcast screen.The game live broadcast screen,as a highly specialized PGC mode output screen and the composite game live broadcast screen,are collectively called the original game live broadcast screen.The original game live broadcast screen constitutes a work,while the non-innovative game live broadcast screen does not constitute a work.The third chapter is a step-by-step approach based on the previous argument on the workability,and further explores the specific legal work types or related adjacent concepts that may constitute the game live screen.Since the amendment of the Copyright Law has been passed and will take effect soon,the recognition of the types of works also needs to keep pace with the times.The concept of "audiovisual works" introduced in the new "Copyright Law" is intertwined with the concept of "film works" in the original "Copyright Law".It is necessary to clarify the scope of audiovisual works and the relationship between the two,and based on this,determine whether the live game screen constitutes audiovisual work and that is whether it meets the "fixed requirements" and the "creative method requirements".The live game screen itself can be fixed to a tangible or intangible carrier in real time based on existing technologies,and modern information technologies such as live transcoding can be equivalently expanded and interpreted as "filming techniques" to meet the requirements of creative methods.The aforementioned original game live broadcast screen that can constitute a work is based on this constitutes an audio-visual work.To sum up,the original game live broadcast screen meets the statutory constitutional requirements of film-like works under the original "Copyright Law" system,and the audio-visual works stipulated by the "Copyright Law" that came into effect in June 2021 essentially included the original film works in the scope of its protection,so the original live game screen constitutes an audiovisual work. |
