Determination Of Reasonable Use Of Live Online Games

Taking "Fighting Fish Case" and "Fantasy Westward Journey 2 Case" as typical cases,this paper specifically analyzes the way of trial in each case,the different types of live games,and the dilemma in online live games infringement cases,so as to judge whether it can be defended according to reasonable use.By studying the content of live games,it can be seen that live online games are spreading online games,and this behavior should be restricted by the exclusive rights of the relevant copyright owners.However,there is still a big debate on whether live online games conform to the rules of fair use in China’s practice.The purpose of formulating fair use rules in China’s copyright law is to achieve the balance of interests between individuals and the public by restricting the rights of copyright owners.How to judge the problem of fair use in detail? Up to now,there are three commonly used standards in the world: the "three-step test method" in the copyright convention,which has been reflected in Chinese cases,and the "four-element standard" in the copyright law of the United States,the most critical factor of which is the impact on the market value,while the most important factor in the "conversion use" is the conversion degree of secondary works.Article 24 of China’s new "Copyright Law" stipulates 12 acts of fair use by enumerating.However,with the gradual development of science and technology and the endless problems of judicial practice,the specific enumeration regulations can no longer meet the demand,which limits the application of fair use in China.The urgent task is to change the closed legislation into the open legislation,and to improve the judgment standard of fair use is the top priority of China’s future legislative development.In this paper,the author specifically analyzes the purpose of using game screens by large-scale e-sports,role-playing,for-profit individual players and amateur players,and their impact on the market value of game developers.It is concluded that personal live broadcast by non-profit players is usually purely for the purpose of sharing,which has a low impact on the game market and can constitute a reasonable use.The author believes that amateur non-profit live broadcast can constitute reasonable use,and the live broadcast of for-profit games with commercial purposes does not conform to the intention of reasonable use in China.In order to ensure that some live online games can be recognized as fair use in practice,the author thinks that the rule of Anti-Unfair Competition Law should be reduced,and the fair use clause in Article 24 of the new Copyright Law should be strictly followed to try,so as to develop the fair use system of copyright in China scientifically,reasonably and effectively.We can also refer to the "four-element standard" of the United States,and learn from each other’s strengths to make up for our weaknesses,which will help to provide a more flexible and open judgment standard for rational use in China.