Research On Legal Issues Of Copyright In The Case Of Fantasy Westward Journey

In recent years,the Internet era has developed rapidly,and the live broadcast industry has also undergone rapid technological changes.The combination of the two has resulted in an increasingly prosperous game live broadcast industry.Online game live broadcast is sought after by more and more people,and it has also brought many new types of legal issues.The "Fantasy Westward Journey Case" in 2018 has a certain representativeness in the discussion of related fields in recent years due to its typicality.The Civil Code came into effect on January 1,2021.The latest copyright law passed by my country’s legislature in November 2020 will also come into effect.In the aforementioned context,the emerging online game live broadcast industry has also put forward a test of the adaptability of the new law.This article takes the "Fantasy Westward Journey case" as the starting point,focusing on the focus of the case,namely,the copyright attributes and rights categories of the online game screens involved,the corresponding rights,the compliance with fair use,and the amount of infringement compensation.The focus of copyright issues was discussed: the first part of the introduction introduced the research background,significance and current research status at home and abroad,the main content,methods and innovations of the research;the second part introduced the Fantasy Westward Journey case,focusing on combing the two companies involved in the case.The background situation,the litigation claims and the replies made by both parties in the entire tugof-war litigation,with a view to summarizing the attitudes of the courts of the two instances towards the focus of the disputes involved in the case,and laying the foundation for the targeted analysis later in this article.The third part first analyzes the attributes of the game screens involved in the case,analyzes the types of their works,and believes that they should belong to the types of audiovisual works,and discusses the types of rights of the game screens involved and the ownership of the rights of the plaintiff and the game player in this case.It is believed that the game developer is the right holder of the game screen involved;secondly,the reasons why Huaduo Company did not constitute a reasonable use of the game screen involved in the case were analyzed from the perspective of the three-step test method,the four-element analysis method and the conversion use perspective,and the elements of the infringement were discussed.The role in measuring the amount of compensation in this case,and discusses the unreasonableness of the court’s determination of the amount of tort compensation.The fourth part gives my own suggestions.It analyzes the enlightenment and corresponding suggestions from the three aspects of introducing broadcasting rights,improving punitive damages system,and establishing industry organizations.The fifth part is the concluding remarks,discussing that my country’s laws on online game live broadcast are still in the process of improvement.Even though the current copyright law in 2020 has made corresponding adaptive changes,further practice is still needed in the process of specific application.Inspection to promote the healthy development of my country’s game industry.