Study For The Copyright Protect Of Video Games

As the development of the computer science, there is a great progress in the video game. From the video game without sound in 1860 s to the one with sound, and the online game currently, there is more and more element in the video game, and the element deserves the protection of copyright. With its prosperous development, there is more and more infringement of copyright in video game. If there is no effective solution about infringement, the development of the video game will be affected.The 1st chapter talks about the definition of video game’s copyright infringement. There are two parts: the first, unclear definition of the copyright protection; the second, unclear standard of the copyright protection. In this chapter, the concept and type about the video game is introduced, and then its nature. The focus of this paper is placed on part presented on the screen. About the first part, the video game is protected as software now, and its attached part is protected as its types respectively. But the video game is usually a complete story. If it is not protected as a whole thing, the game will lose the protection by copyright because its complete description is lacked. About the second part, when dealing with the case, the standard of the “substantial similarity and access” is usually for reference. However, this standard is too rough in some complex case, and there may be improper operation.The 2nd chapter includes the protection mode of the video game’s copyright. Based on the 1st chapter, video game is divided into two types, the audiovisual video game and non-audiovisual one. To audiovisual video games, when its originality reaches some standard, audiovisual video games can be protected as a whole one. And the audiovisual video game can also be protected as a whole one, when its type is the same as audiovisual work. To non-audiovisual video game, the basis about the divided protection is discussed. Although every element of the game is lack of originality, it could also be protected when it meets the requirement of originality. This is the base for below discussion.The 3rd chapter is about the infringement criteria of the video game. To audiovisual video game, there is no case for its copyright protection as a whole one in China. So some foreign cases need be introduced to analyze and research its standard. And with the standard, according to our judicial practice, the criteria can be judged. To non-audiovisual video game, although its protection is divided into different parts, there is some problem in the basis which needs to be modified. The rest is the discussion of the domestic cases for some suggestion.The 4th chapter is the conclusion. The protection should be for every part in the video game. The classification as software for video game may be modified to multiple protection mode. On this basis, according to our specific judicial practice, the judicial criteria for video game could be established.