Yaoyu V. Douyu Game Live Broadcast Infringement Case Analysis

This article selects the first copyright infringement case caused by the live broadcast of e-sports games in China as a starting point.This case is a case of copyright infringement and unfair competition disputes between Shanghai Yaoyu Culture Media Co.,Ltd.and Guangzhou Douyu Network Technology Co.,Ltd.Unauthorized,real-time live broadcast of the event in question by intercepting the game screen through the client's spectator mode with the anchor commentary violated the legal rights and interests of Yaoyu Company.Three thoughts aroused by this case are: whether the game screen constitutes a work;the copyright ownership issues involved in the live broadcast of online games;whether the live game screen constitutes copyright infringement.First of all,as to whether the game screen constitutes a work,the game screen should be classified into online game screens in which the player does not add special operations and online game screens in which the player adds special operations.By using the constituent elements of the work-originality and copyability Analysis.Furthermore,the problem of copyright ownership of game screens is divided into live broadcast screens of online games and live broadcast screens of online game events.Furthermore,whether the behavior of game players and game anchors constitutes copyright infringement is analyzed specifically.Finally,the verdict on this case led to more in-depth analysis and reflection.