| The case of Tencent vs.Sunshine Culture was initiated in 2019.According to media reports at the time,this is the first ruling that short video of multiplayer online competitive games（also known as "MOBA"）belongs to the category of video works in China.The judgment result and the thinking of the judgment have also attracted extensive attention and discussion in the legal circle.The study of this case is of far-reaching significance to the protection of the copyright of short video games.There are many controversial focuses in this case,which mainly include the following parts: First,it is necessary to analyze whether short video of the game constitutes a work,and if so,what kind of work.In judicial practice,there are cases that short video games are not recognized as works,and there are judgments that short video games are recognized as works but belong to audio and video products.In 2020,a new version of the Copyright Law was issued,which unified the previous film works and electronic-like works into audio-visual works,placing more emphasis on the form of expression rather than the method of creation.I agree that short video games fit the form of the work and can be considered audio-visual.Secondly,it is also controversial whether Yangguan Culture Company infringes the copyright of short video of King of Glory.First of all,we need to analyze the elements of infringing the copyright of short video games.Only in accordance with the constitution of tort in the current civil Code,the platform can be identified as infringing.Secondly,we need to discuss the copyright ownership of short video games.If the copyright of short video games belongs to game players,then Yangguan Culture company does not exist infringement.Thirdly,in the field of copyright law,there are still defenses of infringement,and it is necessary to judge whether the defense is satisfied.The author thinks that Yangguan Culture Company meets the constitutive requirements of infringement,the copyright belongs to Tencent,and the platform does not meet the defense grounds,which constitutes infringement.Finally,although the platform constitutes copyright infringement,how to determine the specific amount of compensation for infringement is one of the important controversial points in this paper,and also a difficult problem in practice.How to determine the amount of compensation often depends on what kind of compensation calculation method is adopted,different compensation methods under the reference factors are not the same,also caused by the amount of determination there are large differences.In this case,the judge used a statutory calculation method,combined with various factors,to make the full support of the plaintiff’s total damages judgment.After analyzing the thinking of the judgment and referring to the relevant theories,the author supports the court of the second instance to support the compensation amount in ful. |
