Research On Copyright Of Game Live Screens

With the rapid development of the game live broadcast industry in recent years,it has also brought a slew of issues.There are differences in the live game regarding whether the live game screen has the property of works and whether the live broadcaster has legal status in the live game screen.Whether or not the game live screen has a work attribute is determined by the originality of the live elements added to the game screen by the live broadcaster.The game live screen does not conform to the work attribute if the added live elements are few and the originality is low.The status of the live broadcaster in the game live screen is determined by the original elements that it has added.Now that more and more open games are appearing,and the live broadcaster has invested a lot of intellectual elements to create new characters and other game elements,such live broadcasters can be recognized as game live screen interpreters.However,regardless of the live broadcaster’s status,ownership of the game’s live video cannot belong to the live broadcaster in order to prevent multiple rights from appearing on the same screen.The concept of "audio-visual works" was added to the newly promulgated Copyright Law in 2020.It is traditional to protect the live video of the game in the form of film-like works,and the types of games to be protected are limited,so whether it can be protected by audio-visual works is especially critical.Because the new Copyright Law does not explain the connotation and composition of the concept of "audio-visual works," it is necessary to analyze the connotation and protection scope of audio-visual works,and then determine whether the game’s live video can be protected by the type of audio-visual works.The most significant limitation of protecting the live video of the game in the traditional manner is the requirement that it be filmed in a specific medium.Audio-visual works cancel the fixed element’s limitation and have a broader understanding of the fixed element,merely indicating the existence of the works,so they can be protected by the types of audio-visual works.At this point,a large number of live game players have flooded into the live game industry,which will inevitably lead to live game players profiting illegally from the live game screen.Because the live broadcast industry is new,there is no clear legal regulation on this type of infringement of live video game rights,so the legal provisions can be expanded and explained.We can also add the right to play to regulate the infringement of live games and clarify the application of the law in order to better apply the law.When it is determined that the live broadcaster broadcasts the game’s live images without authorization,it may be considered infringement,which may be detrimental to the development of the live broadcast industry,or it may be considered fair use,which may dampen the enthusiasm of the game copyright owners.This must be combined with industry development and consideration of game producers’ copyright protection.The industry is currently in a period of rapid growth.It can be considered fair use as long as it does not cause significant harm to the market and protects the creative power of copyright holders.