Research On The Copyright Problems Involved In The Streaming Of Audiovisual Games

Live images of online games are mainly generated through the combination of dynamic images of online games and broadcast behaviors,and the derivation model is "dynamic images+broadcast behaviors=live images".According to the different ways of broadcast behavior,live broadcast of online games can be divided into live broadcast of full copy of the dynamic picture,personalized live broadcast of video games and video games.In judicial practice,the phenomenon of "same case and different judgment" exists in the online game live streaming copyright infringement cases,such as "Yaoyu v.Douyu" and "Huya v.Douyu".The phenomenon of "same case with different judgments" reflects three dilemmas in obtaining the protection of online game live broadcast rights by copyright law:first,the dilemma of the property of online game live broadcast images;2.The copyright ownership dilemma of the live video of online games;Third,the dilemma of copyright infringement determination in online game live broadcast.How to improve the copyright protection of online game live broadcast,we need to get rid of the three-layer dilemma of online game live broadcast picture:First,redefine the work attributes of online game live broadcast images.Defining the work attributes of dynamic images first will have an important impact on the work attributes of live broadcast images.Dynamic images meet the general constitutive requirements of works.Under the framework of the new Copyright Law,dynamic images meet the definition of audiovisual works and should be identified as audiovisual works.Whether or not a new work is formed by adding broadcast behavior on the basis of dynamic picture audiovisual works,it does not affect the audiovisual properties of live broadcast images.Second,divide the copyright ownership of online game live broadcast images.The dichotomy between the picture and the content of audio-visual works is used for analysis.As for the live broadcast images that completely copy the dynamic images,in terms of content,the works created by players through playing behaviors are independent of the game developer and can obtain complete copyright protection.In the aspect of picture,the copyright of audio-visual works of live broadcast picture belongs to the game developer.As for personalized live broadcast images,in terms of content,the works created by players through broadcasting cannot be independent of the game developer,and unauthorized use by third parties other than the game developer can be prohibited.In the aspect of picture,the copyright of audio-visual works of live broadcast picture still belongs to the game developer completely.Considering the originality of shooting techniques and editing,the live video of e-competition should be identified as a new work created on the basis of the original audio-visual works of dynamic images by the event organizer.Third,solve the problem of copyright infringement in online game live broadcast.According to the subject of infringement,unauthorized live broadcasting can be divided into:without the permission of the game developer,without the permission of the live broadcasting platform and without the permission of the electronic competition organizer.Game developers enjoy complete copyright and can independently exercise copyright protection;The platform shall obtain the licenses from Game makers and the anchor before exercising copyright protection.Video competition organizers need to obtain permission from the game developer to exercise copyright protection.Under the framework of the old "Copyright Law",the live video of online games can be protected by copyright through "other rights that should be enjoyed by copyright owners".Under the framework of the new "Copyright Law",online game live broadcast images can be protected by copyright through the revised "broadcast right".