In recent years,the development of video game industry shows a steady upward trend.Video games have become one of the ways of daily leisure for more and more people.With the never-ending changes and improvement of video games,the cases of infringement of copyrights are increasing.Video games bring considerable benefits and high development costs.Once the copyright is infringed,the loss caused by the obligee is incalculable.Therefore,how to protect the copyrights of video games is an important issue related to the video game industry and people’ s leisure and entertainment products.China’s law has not made clearer provisions on whether video games can be recognized as works,what kind of works they are,and the copyright infringement damage compensation system.In addition,our law does not specify its constituent elements for the intervention of the application of the anti-unfair competition law.According to the sample cases selected from China Judgment Document Network,different courts have different definitions of what kind of works video games belong to.The large difference between the amount of compensation awarded and the plaintiff ’s claims often makes it difficult to fill out the loss of the obligee,resulting in the obligee seeking remedies under the Anti-Unfair Competition Law.The revision of the current Copyright Law has broadened a new path for the protection of video game copyrights.On whether video games can constitute works in the sense of Copyright Law,the originality of Copyright Law is identified from the perspectives of the dichotomy of thought and expression,the principle of balance of interests and the principle of incentive creation.Further clarify the definition of audiovisual works and protect video games as audiovisual works.By analyzing the reasons for the application of the anti-unfair competition law to protect the copyright of video games,combined with the discovery of the impropriety of the application of the anti-unfair competition law,and proposing countermeasures for the application of the law to disputes over copyright infringement of video games.It is necessary to coordinate the relationship between the Copyright Law and the anti-unfair competition law,clarify the overall protection of video games as audiovisual works under Copyright Law,and determine the prerequisites for the application of general provisions of anti-unfair competition law as well as the restrictions.For the establishment of video game copyright infringement damage compensation system,it is improved from two aspects of determining the calculation method and evidence rules.The choice of calculation method begins with the application of compensatory compensation methods using the selective model,followed by the introduction of punitive damages.Improving the rules of evidence of the online game copyright infringement damage compensation system requires the comprehensive establishment of the evidence disclosure system and the proof obstruction system,as well as the adoption of the preponderance of evidence standard. |