Research On The Copyright Infringement Of Online Game Live Screen

With the vigorous development of the Internet era,the live broadcast industry has grown continuously.The online game live broadcast industry has taken up all the dividends of the times.With the rapid development,the problem of copyright infringement also arises,which challenges the existing system of the Copyright Law.Due to the lagging nature of legislation,there are still many controversial focuses on the infringement of live games in the judicial trial,mainly focusing on the attributes and ownership of live games,the types of rights infringed by live games,and the sharing of tort liability.Based on this,this paper adopts the "total-divided" research idea,discusses the problem oriented,and conducts targeted research on the controversial issues of copyright infringement of live screen of online games in the judicial trial.First of all,this paper collates the research status at home and abroad,collects the relevant cases of online game live broadcast in judicial trials,compares and analyzes the theoretical views and judicial judgment views,and uses the case study method,empirical analysis method and comparative research method to sort out and analyze the problems existing in the current online game live broadcast screen in judicial trials,that is,the dispute over the work attribute and ownership of the game live broadcast screen The types of rights infringed by live games and the rules for sharing tort liability.Secondly,from the perspective of "typology",with the expression space of different types of games and the creativity of players’ operation behavior as the distinguishing points,the author studies the work attribute of the game operation screen,and further discusses the work attribute and ownership of the live broadcast screen on this basis.Thirdly,in the context of the implementation of the Copyright Law(revised in 2020),the modification of the broadcasting rights clause has expanded the scope of rights protection,including the non interactive remote broadcast of live games into its scope of adjustment.The type of rights infringed by live games has changed compared with the previous ones,solving the dilemma that only the "bottom line clause" can be applied for protection,The judge can directly apply the exclusive right of broadcasting to protect the works of the copyright owner.Finally,this paper improves the rules for sharing tort liability of live video of online games,studies three types of infringement: "joint infringement by users and platforms","infringement by unspecified users",and "infringement by performing duties",and discusses two common defenses of exemption in judicial practice: "reasonable use" and "safe harbor principle",and divides the responsibilities that live video platforms and anchors should bear,Improve the rules of tort liability sharing.Through the research on the controversial issues in the copyright infringement of online game live broadcast pictures,we hope to give more comprehensive protection to the copyright owners of the live broadcast pictures,standardize the behavior of the live broadcast platform and the anchor,and provide support for the healthy and healthy development of the online game live broadcast industry.