Copyright Law Protection Of Game Rules

In recent years,games have gradually become one of the main forms of leisure and entertainment for people,with their market size constantly expanding and their output value continuously increasing.However,the legal use of copyright to protect game works is not clear,leading to a chaotic phenomenon of game "skin changing".The fundamental reason for this is that the increasingly complex forms of game rules,as the core of the game,are difficult to accurately locate in copyright law.Exploring how to further improve the copyright protection of game rules through a comprehensive study of the various challenges encountered in copyright law protection.There are different opinions in practice and theory regarding the issue of copyright protection for game rules.One view is that game rules do not belong to the object of copyright protection and do not meet the constitutive requirements of the work.Another viewpoint holds that the rules of the game are in line with the originality of the work and belong to intellectual achievements,can be reproduced in tangible form,meets the constitutive requirements of the work,and should comply with the protection of copyright law.Analyzed common cases of online game infringement that have emerged in recent years,and summarized and compared similar types of cases.First of all,the courts in the emerging stage mainly use the Anti unfair competition Law,written works,electronic works and other ways to protect the rules of the game.Secondly,through the analysis of specific cases,the following three controversial focuses can be summarized: there is controversy over the nature of the game rules’ works;The legal protection path for game rules is not yet clear;The standards for determining infringement of game rules are not unified;Analyze the product attributes of the game rules.The mainstream view of analyzing the legal attributes of game rules at this stage is to define game rules as written works and audiovisual works.Then,discuss the definition and characteristics of game rules.Finally,through the intellectual achievements,replicability,and high degree of originality of game rules,this paper discusses the inclusion of game rules in the protection of objects in works.Analyze the path of copyright protection for game rules from a legal perspective.Analyzed the current status of game rule protection and the necessity of game rule protection.Analyze the shortcomings of using anti unfair competition law to protect the rules of the game and the rationality of using copyright to protect the rules of the game.Propose suggestions for improving the method of determining copyright infringement and protecting it.By analyzing the protection methods of game rules,the main methods for determining infringement at present are listed.Propose the author’s suggestions for improving the protection of game rules,propose the "analysis and decomposition method" for improvement and application,clarify the degree of substantive similarity judgment standards,and distinguish the infringement liability of different infringement subjects,in an attempt to improve the infringement judgment standards of game rules.Classifying game rules,which belong to specific game rules and have elements such as originality,should be protected by copyright law.