| Online games and online game images are considered to constitute works,and the legal attribute of online game live images generated on this basis is still controversial.In this paper,the author thinks that the copyright attributes of online game live images should be divided into two different types: the live images of game anchors and the live images of e-sports events.There are many subjects involved in the online game live images,the relationship between game developers,event organizers,game anchors and live broadcast platforms should be clarified when determining the ownership of copyright.Combined with the four constitutive elements of the actor’s objective illegal act,the fact of damage,the causal relationship between the illegal act and the damage consequence,and the actor’s subjective fault,the author can judge the copyright infringement of online game live images.Under the circumstance that the actor’s live broadcast constitutes copyright infringement,it is still controversial whether his infringement infringes the copyright owner’s right of broadcasting,right of information network transmission or "other rights that should be enjoyed by the copyright owner".Based on the above analysis,this paper holds that the copyright law of China needs to further clarify the originality standard of online game live images,and set up a type of works,"audio-visual works".In addition,give copyright owners the right to publish,improve the standards for determining the liability of game broadcast platforms when infringement occurs,to strengthen the copyright protection of online game live images. |
