| With the rapid development of the game industry and the live broadcasting industry in recent years,the copyright problem of the live video of the online game is generated because the relevant copyright law does not make timely provisions for the new things generated in this Internet environment.There are different views in academic and judicial circles on the core issues of copyright attribute,work type and ownership of live video of online games.The uncertainty of the nature and type of the live video will hinder the right holders to claim their rights.The ownership of rights affects the actual interests of the practitioners in the live broadcast industry and game industry with complex relations and a large number of people.So solving these core problems can not only protect the new intellectual achievements by law,but also make the live broadcasting industry develop healthily.The core issue of this paper is whether the live video of online games can be a work,what kind of work the live video of online games belongs to,and whether the live video platform has the right to live video of online games.The conclusion of the argument is that not all types of live pictures of games can be works,and only certain types of live pictures of games that meet the requirements of copyright law on the three essentials of works can be works.In the process of live broadcasting of online games,the host is similar to the performer.Live broadcasting is a performance behavior,so the live video of online games should be included in the neighboring right for protection.The live broadcasting platform enjoys the right to broadcast live pictures of online games through the broadcasting organizer.In this chapter,the author first introduces the related concepts of the copyright of the live video of online games and puts forward the existing main problems.This paper first introduces the concept of the copyright of the live video of online games,the difference between the concept of the live video of online games and the concept of the live video of online games,finds out the difference between the two,that is,the live behavior,which lays the foundation for the discussion of the following issues,and then lists the three main issues to be discussed in this paper: whether the live video of online games can constitute a work in the sense of copyright;whether the live video of online games can constitute a work in the sense of copyright;and The issue of the nature of the broadcast picture works;whether the live platform enjoys the copyright of the live picture of the online game.The second chapter mainly discusses whether the live video of online games can constitute works in the sense of copyright.Based on the three aspects of originality,replicability and intellectual achievements stipulated in the copyright law of our country,this paper demonstrates the live pictures of different types of online games.It is found that only the live pictures of games with high degree of freedom,the live pictures of large-scale E-sports games and some competitive games can be satisfied The three essentials of the work.Because there is not much discussion on the originality of live video of competitive games in academic circles,and the recognition standards of "originality" in copyright law are also inconsistent,this chapter focuses on this part.The third chapter mainly discusses the types of live video works.Starting from several main theories about the types of live video game works in the academic circle: the theory of similar electric works,the theory of assembly works,and the theory of introducing new works,this paper analyzes the advantages and disadvantages of the first theory,and tries to discuss whether it is possible to include it into the type of works protected by adjacent right.It is the focus of this chapter to include the right of adjacency.Although the legal system always lags behind the social practice,from the perspective of the stability of the law,when the social practice changes,it is better not to break its stability to introduce new rules if it can solve the problem through the existing legal provisions.Because the process of live game is similar to the performance of actors.Therefore,the possibility of bringing the live video of online games into the adjacency right is discussed.The third section of this chapter focuses on the relationship between live game behavior and "performance",live platform is the disseminator of live game and the host is the performer of live game.The last chapter discusses the ownership of rights,through the retrieval of cases to analyze the types of cases related to the ownership of the rights of live video games,and after classifying these cases,we can get three main types: the rights belong to the development operators of the game;the rights belong to the organizers of large-scale E-sports games;the rights belong to the hosts of live video games.The case does not belong to the type of live broadcasting platform,but because the live broadcasting platform has invested a lot of money and resources for the dissemination of the game,it has the rationality of owning the copyright of the live video of the game.Since the existing cases do not attribute the right to the type of platform,and the theory is uncertain about whether the live platform has the right,so it is necessary to discuss.The third section of this chapter mainly demonstrates the legitimacy of the rights enjoyed by the work platform from the significance of the copyright enjoyed by the live platform in the live video of online games and the theoretical basis of the right enjoyed by the live platform The existing law can’t include the live broadcast platform into the broadcast organizer.From two aspects of defining the right subject of the broadcast organizer and expanding the scope of the main body of the broadcast organizer,this paper discusses how to expand its subject and make it more in line with the current Internet environment,so that the new network broadcast organizations such as the live broadcast platform can also be protected by the right of the broadcast organization. |
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