Research On Judicial Protection Of Copyright Of Electronic Game Rules

Cultural industry development and innovation is the requirement of The Times,as an important part of the cultural industry,the electronic game industry should also be so.At present,plagiarism in the market of electronic game rules is rampant,which has caused many copyright infringement disputes,which not only damages the rights and interests of copyright owners,but also makes the competition in the electronic game market out of order,and seriously hinders the development of the electronic game industry.However,due to the lack of explicit provisions in the Copyright Law of our country,there are many problems in judicial practice,which need to be solved urgently.In 2020,China’s "Copyright Law of the People’s Republic of China" was revised for the third time,including the amendment of the work type backstop clause,and the judicial protection of copyright in video game rules is closely related to the work type backstop clause.This paper takes this as an opportunity to study the judicial protection of copyright law of electronic game rules from the perspective of the type of works.This paper starts from the related concepts of copyright law protection of electronic game rules,clarifies the concepts of the electronic game and electronic game rules,interprets the connotation of the current work type protection clause,and clarifies the relationship between copyright law protection of electronic game rules and work type protection clause.On this basis,the article carries out an empirical analysis of the current situation of judicial practice,summarizes many typical judicial cases,and concludes that the main focus of issues related to electronic game rules lies in three aspects: copyright,work type,and infringement judgment,and puts forward three problems existing in the judicial protection practice of copyright of electronic game rules: The copyright is not clear,the type of work is not well understood,and the standard of infringement is not uniform.Because of the above problems,this paper suggests that based on the current type of work,the rules of electronic games should be clarified to meet the requirements of copyright,confirm that the rules of electronic games have special forms of expression,and exclude non-copyright exceptions.At the same time,it is clear about the types of works of electronic game rules,distinguishes the differences between electronic game rules and plot,an electronic game as a whole,and audio-visual works,and confirms the necessity,rationality,and feasibility of electronic game rules as a new type of works.To solve the problem of non-uniform standards of infringement judgment,this paper suggests that judicial organs should combine the dichotomy of thought and expression with the principle of balance of interests in the process of substantial similarity judgment,comprehensively determine the scope of judgment of substantial similarity,and apply the "quantity + substantial similarity" standard on this basis to confirm substantive similarity from both quantity and quality aspects.At the same time,it is suggested to introduce professional personnel in the video game industry to assist in the determination of infringement.