| At present,China has not yet defined the game as a single work type.In this legislative context,how to apply copyright l aws and regulations to prevent game infringement has become an urgent problem to be solved in judicial practice.Through the Blue Moon Legend case,it can be found that the copyright protection of role-playing games mainly focuses on the following three is sues: whether the game constitutes a work,what kind of work it constitutes,and what methods are used to compare infringement.First of all,the dynamic picture of the game and the game plot belong to the original expression protected by the Copyright Law,which meets the general requirements of the work.Second,before the revision of the Copyright Law,the judge in this case decided that the overall protection of the works by analogy was feasible in the context of the statutory application of the types o f works.Finally,through the concepts of "substance of expression" and "form of expression",the "expression" part of the game involved in the case should be protected by copyright law is distinguished.When applying the comparison method specifically,th e overall observation should be carried out in conjunction with the "internal and external test method".The virtuality of the game should not exclude the application of "hybrid theory" and "necessary scene theory",but there can be no further restrictions on the protected expression part of the legendary game involved in the case. |
