Research On The Copyright Object Of Video Game

Since the birth of the first batch of video games in the 1950 s,video games have gone through nearly 60 years of history.In 60 years,the video games by the amateur entertainment way to develop into the world of public entertainment.However,in the copyright law,the object on the qualitative,protection and other issues have been controversial,there is no conclusion.When the debate on a legal issue is more intense,the less the consensus that the problem is,the more we need to return to the root of the problem to clarify.Not only to avoid meaningless discussion,but also in the special circumstances can be appropriate to clarify the applicable legal relationship,even for the law to expand the new space,more conducive to solve some difficult problems.From the current domestic research on the object of video games,there is a big difference between the basic conceptual choice and the transition of the concept in different contexts.The so-called"do not forget the beginning of the heart,always get",we need to trace the source on these issues and return to the origin,if necessary,but also back to common sense and foundation,to clear the source and correct the direction.In order to clarify the concept of video games,this article from the birthplace of video games in the United States and its flourishing Japanese literature to start.To the development of the two game industry,video games related to the study and judicial changes as the context.Analyzes the formation and vicissitude of concepts in different contexts and their influence on Chinese context.After the research,it is concluded that the concept of"电子游戏作品"should be chosen as the concept of"video game"in the context of English and the concept of"ゲームソフト"in Japanese context.On the basis of this,the concept of the lower game of video games is further clarified,and the concept of"online game"unique to our country is analyzed and evaluated from the special angle of administrative regulation.After defining the conceptual terminology,this paper analyzes the categorical selection of video games which is highly controversial in the domestic academic circles from the root to the phenomenon,from the foundation to the concrete clue.The purpose of the classification of The copyright object is to clearly understand the copyright object and the proper application of the law.Putting a work into a different object can lead to a difference in the height requirements of creation,rights attribution and exercise rules,the exclusive right of the right holder.From the current legislation,the classification of copyright object standards are: Form of expression,nature of the content and form of creative.From the different standards,the representative of the existing video game classification model can be summarized as computer software,compilations,audio-visual works and independent type.On the basis of investigating the background of each theory,representing the view of scholars and the history and current situation of legislative practice,the rationality and feasibility of different theories are analyzed to explore the solutions to object classification of video games.In the choice of solutions to categorical,we should not insist on the inclusion of an intellectual creation into a single object type.However,for the same work,different object types should be primary and secondary,should give priority to the form of expression to determine the type of work.On the other hand,things are eternal,the rapid development of cultural industries and video games requires legal persons to look at the development of the video game copyright system with a developmental perspective and to have a forward-looking view of the development trend to ensure that the law is effectively applied in a rapidly changing social environment.Finally,from the form of video game works,after a detailed comparison with the film works,that should be used to audio-visual works-based video game classification model,the vast majority of the current strong visual performance,Audio-visual works constitute the elements of the video game works classified as audio-visual works object category.At the same time,we should not be attached to the video game into a unified object,but in accordance with its form of flexible form of object classification.The works that do not conform to the works of audio-visual works are classified into the corresponding object categories according to their actual manifestations.