| In recent years,the game broadcasting industry has developed rapidly.The pace of development is not to be underestimated.The rapid development has also led to a series of legal problems.However,because the relevant copyright law has not stipulated these issues,the court judges are also faced with certain difficulties in the trial of such cases,and there is no small controversy in the academic circle.This paper first clarifies related concepts.Then through two typical judicial cases summed up the game live broadcast in the relevant copyright problems.Another pair of research analysis.First of all,it analyzes the property of the game picture and the attribution of rights.In this paper,the game picture is divided into two types of games with low degree of freedom and high degree of freedom based on the internal components of the game(game mechanism and game story).The low-freedom type of game is highly restricted and has little space for creation.However,if a wonderful game story is preset,the resulting picture can reflect the unique intellectual choice and personality expression of the game manufacturer,which can constitute a work.The game player has no original contribution to the screen,so the copyright of this type of game screen belongs to the manufacturer.The high degree of freedom type of game is very limited,so there is a lot of room for creativity,resulting in graphics that reflect the player’s unique intellectual choices and personality expression.So this type of game graphics can also constitute a work.Players make great original contributions to the images displayed by playing games of high degree of freedom,which can constitute deductive works,and the copyright should belong to the players.Game pictures belong to audiovisual works.Secondly,it analyzes the property and ownership of the game live broadcast.The live game screen is divided into PGC mode and UGC mode.The game live screen in PGC mode can reflect the unique intellectual choice and personality expression of the event organizer,which can constitute a work.The organizer of the event has made great original contribution to the live video of the game,which can constitute a deductive work,and the rights thereof shall belong to the organizer of the event.If the game live streaming screen in UGC mode can reflect the unique live streaming style of the game anchor,it can also constitute a work.Because the game anchor’s originality contribution is great,it can constitute a deductive work,and the copyright should belong to the game anchor.Live video games are also audiovisual works.Thirdly,it analyzes whether the game live broadcast behavior constitutes fair use.The likelihood of it constituting a fair use case is very low.This paper puts forward two suggestions to improve it.First,we should standardize the use of the game screen through the legal license path.Second,we should strengthen the management of the industry by establishing the game live broadcast industry association. |