| In recent years,the cases of "Fantasy Westward Journey" and "Glory of Kings" have attracted people’s attention,and have caused discussions about disputes caused by citing the original game works.In the previous legal practice of the "Fantasy Westward Journey" case,because there were no applicable legal provisions,the court often avoided discussions on copyright issues when making judgments,and instead adopted the anti-unfair competition in the Anti-Monopoly Law to protect the plaintiff right.However,in recent years,the copyright issue has been fully discussed in judicial practice and academia.At present,the differences on this issue mainly focus on whether the online game screen constitutes a work,what kind of work it should belong to,the ownership of the overall game screen,live broadcast Whether the platform and game anchors constitute infringement,and whether online game live broadcasts constitute fair use,etc.The specific introduction of the "Fantasy Westward Journey" case in this article will lead to three related issues,namely,the work properties of the overall picture of the online game,whether the game live broadcast is infringing,and whether the game live broadcast constitutes a fair use.Through research,it is clear that the overall picture of the online game belongs to the work,and it is clearly identified as the type of audio-visual work,and the game manufacturer enjoys the copyright of the overall picture of the game.According to the new "Copyright Law",the exclusive rights involved in game live broadcasts are determined,and the operation process of live broadcast of online games to the public and the corresponding generated pictures will fall into the exclusive control scope of game manufacturers.At the same time,the game live broadcast behavior If the requirements for fair use are not met,it cannot constitute fair use.Therefore,the live broadcast is a tort,and the live broadcast platform also bears indirect tort liability.However,such a copyright protection system is not conducive to the dissemination of this type of "secondary creation" for the original work,and it is easy to cause an absolute monopoly.We need to compare and analyze the transformational use theory in the United States,and obtain the inspiration of the copyright protection system of this type of works,so as to construct a fair use system suitable for China.Finally,in order to meet the needs of social innovation and development,through the introduction of "transformative use",this paper analyzes the possibility of building a reasonable use system for game webcast behavior.At the same time,we should also distinguish different types of online games,analyze the characteristics of different types of online games,and clarify the specific application of "transformative use" in China’s online game live broadcast. |
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