| In recent years,there have been frequent cases of infringement of intellectual property rights surrounding online game live streamings,and the copyright attributes and ownership of the online game live streaming screens are key factors in the distribution of benefits of the online game live streaming industry.This article intends to analyze the first copyright infringement dispute between a game developer and a game live streaming platform in China——NetEase and Huaduo’s game live streaming infringement case,analyze the focus of the dispute in the trial,and combine the concept of audiovisual work introduced by the new "Copyright Law",analyzes the copyright attributes and ownership of the game live streaming screen,clarifies the rights of the parties in the game live streaming market,and seeks the optimal solution that can balance the rights of multiple parties.Based on the current industry development,this article will discuss the possibility of online game live screens constituting deductive works by distinguishing the role positioning and game types in the live streaming of the anchor game.At the same time,this article discusses the competitive benefits of game developers and game live streaming platforms from the perspective of conversion use and anti-monopoly law,and innovatively proposes the application of a statutory licensing system to weaken the copyright monopoly of game developers.In addition,this article encourages the game live streaming market to apply the system to the management of game copyrights by comparing it with mature copyright collective management organizations such as music and movies,so as to reduce the cost of rights transfer among multiple parties and jointly build a good ecosystem for the game live streaming industry.Finally,in the current industry background,game developers can promote industry self-discipline by applying the pre-litigation injunction system,improve the copyright authorization mechanism,and promote the standardized construction of the copyright management system. |