| With the development of information network technology and the increase of game industry,online game live broadcasting industry has ushered in a period of rapid development.Live broadcasting platforms such as Betta,tiger teeth and Penguin E-sports have emerged one after another,attracting many Internet companies and game players,and investors from all sides have joined in to compete for development dividends.With huge profits,copyright disputes around live online games also appear one after another.However,there is a legislative gap in China's copyright law,which leads to the lack of a clear basis for judicial practice,and the academic community has not yet formed a unified opinion on this.Therefore,it is necessary to discuss the copyright of live video of online games.The first part of this paper mainly analyzes the current situation of copyright protection of game pictures and live game pictures in China through the cases of yaoyu v.Betta,miracle Mu and dream journey to the West.It also analyzes the confusion between live game pictures and live game pictures,whether live game pictures constitute works,and the uncertain types of works,The ownership of rights is not clear and the standard of infringement is not perfect.The second part mainly analyzes the current legislative and judicial protection status of live video in the United States,Japan and South Korea,focusing on the types of works and infringement identification of live video in these three countries,and studies their advantages and disadvantages,and summarizes their experience in the legal protection of online games and live video of online games,The relevant legislative and judicial experience of the three developed countries in the live broadcast industry will be absorbed to provide some reference for the copyright protection of live broadcast images in China.The third part first distinguishes the meaning of live screen and original game screen,compares the similarities and differences between them,and carries on the related academic discussion to the copyright attribute and its type of live screen of online game.Secondly,it points out that the main three disputes focus on whether the live screen of online game constitutes the originality standard stipulated in the copyright law and whether it has certain replicability,Whether other intellectual achievements can meet the characteristics of copyright works;Finally,the paper puts forward the corresponding countermeasures for the game live screen,and thinks that the game live screen is different from the original game screen effect,and the live screen is an element to meet the originality.According to the latest provisions of the copyright law,the paper thinks that the live screen of online games is far rich in the content of online game screen,and the live screen belongs to the audio-visual works stipulated by the new copyright law;Therefore,it is suggested that different rights holders should be determined according to different kinds of games,the responsibility of live broadcast and pirated video games without the permission of online game copyright owners should be identified,and the tort liability and exemption of players and live broadcast platform should be clarified respectively,so as to provide reference for solving the practical disputes of online game live screen copyright. |
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