| Live-action script killing is an indoor game in which the same scenes as in the script are built in reality and players role-play and reason according to the script to finally find the truth.Under the influence of factors such as increasing popular entertainment demand and variety show endorsement,the script killing game industry is developing at a high speed and is becoming an important way for young people to socialize and entertain themselves.Live-action script killing not only meets the people’s diverse spiritual and cultural needs and promotes the development of cultural industries,but also contains great economic value and is in urgent need of legal protection.As a new thing,the script killing industry has problems such as plagiarized themes,similar plots,and serious infringement and piracy,which have a negative impact on the industry.With the expansion of niche cultural entertainment industry such as script killing,the script killing industry is bound to face fiercer scrutiny and test from the government and the market,and its copyright protection issue,which becomes an urgent problem for the whole industry,needs to be solved.This study is divided into the following five parts.The first part is an overview of live-action script killing.Firstly,the concept and characteristics of live-action script killing are introduced.Live-action script killing has four characteristics of entertainment,real immersion,socialization and one-time.Secondly,the overall design and development of live-action scripted kill is organically composed of three sections: script,scene design,and character interpretation.Finally,the industrial chain of live-action script killing is analyzed.The second part is the doctrinal study of the copyright of live-action script killing,and there are the following controversies: whether live-action script killing can constitute a work,what type of work it constitutes,and to whom the copyright belongs.First of all,the copyright of live-action scripted killings is reasonably determined.For live-action scripted killings with strong storytelling and obvious visual scenes,and which can be repeatedly displayed,they meet the elements of copyright and constitute "works".Later,the author compares live-action script killing with dramatic works,compilation works and audiovisual works,and clarifies that live-action script killing constitutes dramatic works.The copyright of Live Action Script Killing belongs to Script Killing Creative Company.The third part is the necessity of copyright protection of live-action script-kill and the current situation of protection.In terms of legislation,script killing is not even included in the protection scope of China’s copyright-related legislation.In judicial practice,when encountering copyright disputes related to script killing,the court generally protects according to specific infringement acts,and the two most frequently involved works are written works and art works.Administrative enforcement actions can favorably combat piracy in script kills.The fourth part is the problems of copyright protection in live-action script killing.The phenomenon of plagiarism and piracy in the live-action script killing industry is frequent,and the right holders are lazy to defend their rights after being infringed,not because of the weak awareness of the right holders,but because there are three problems in general: difficult to identify the infringement,uncertain compensation provisions and high cost of rights protection.The fifth part is the improvement of the copyright protection mechanism of live-action script killing,which adopts the combination of "abstraction-filtering-comparison" and overall perception method to compare the substantial similarity of live-action script killing and determine whether it is infringement.In terms of compensation for infringement damages,a cross-regional script copyright trading platform will be established,and each work will be judged on the basis of its license fee.To address the cost of rights protection,we introduce a commercial intellectual property rights protection model to protect the interests of rights holders of live-action script kills. |