On The Definition Of The Rights Of Game Anchors To The Live Broadcast Of Online Games

Currently,online games have become extremely popular for entertainment.Which speed up the development of gaming live-broadcasting industry.In our national market,this industry has changed from the beginning to the advance level.Whether on the mobile platform or PC platform,consumers can watch the gaming live-broadcasting anytime at anywhere.There are two modes of Live online games: Personal user live mode and Large-scale e-Sports live broadcast mode.No matter which mode,the all game anchors play important role.This essay mainly discusses in the individual live-broadcast mode,the host's right for the live-broadcasting content and where the authority limit is.The gaming live-broadcasting has low barriers to entry but with high returning profits,which attracted many people to join.But the current law in our country has not made clear regulations to this industry.This leads to the platform and users are not satisfy with the distribution of profit.In the user's personal live broadcast mode,the game anchors,game developers and game live-broadcasting service platform are the main body.Compared with the online game developers and the live-broadcasting platform,the individual hosts are in the weak position.As the game developers can protect their own benefits through user agreement while the game live-broadcasting platform can also protect their own benefits through the contract.However the individual host are often restricted by those two parties.Therefore,to clarify the rights of the live-broadcasting content for hosts can also benefit the live-broadcasting industry for it further development in the future.Under the framework of copyright law,the author discusses the rights of game anchors to live pictures of online games under different circumstances.The game anchor can enjoy the copyright to the online gaming live-broadcasting content,and be protected by the copyright law.This essay falls into two categories,author's rights and neighboring rights.In first case,author's rights as copy right's narrow sense,the legal subject has performs the act of creating the work,therefore the author has the right to own their work.When online game provide the original space for the players who implement the creative behavior,the creation can meet the copyright law.So when the game host are showing their work through the live-broadcasting to the public.The host will still own the author rights of the content.If the game does not give the players the creative space,but the game host in the process of the implementation of the original expression,the live broadcast content can also constitute the work.At this time,the gaming live-broadcasting content is the deductive work,which is regarded as the use of other people's work based on the implementation of the work.In the process of spreading out the work,the behavior has made innovation to the work,which can be protected by the neighboring right.The game anchor in the process of the implement the performance of the game,can become performers.However,there is controversy in academic circles about the network game anchors becoming performers.This paper has argued that from legal subject,legal object and behavior,three perspective to demonstrate.When the game anchors perform video acts during live broadcasts,then the game host can become the online producer.When the game hosts are simply use of the game,and without adding any contribution of the original,the game anchors will only consider as the usual game players,consumers.When the game host has the action to recording the game screen,or simply play the game in air,there is no difference between the live screen and the normal game running screen.Therefore the game host have the right to restrict others from copying and dissemination through the internet.The game anchors enters into an agreement with the live platform,exclusive to the live platform.Under the circumstances,when the live-streaming content are replayed,recorded or illegally broadcasting by other platform,game anchors may defend their rights under the Anti-unfair competition law.When the Copyright Law is unable to regulate the behavior of online game live-broadcasting,the Anti-unfair competition law can play a good supplementary role as a general provisions.