| The special and complex of the online game itself and the lag of the legislation of our country’s copyright law make it impossible to determine the infringement in the game webcasts,the ownership of the relevant parties is unknown,and the judicial practice also has the difficulty of applying the law.It is necessary to clarify the relevant rights in the live game,and analyze the specific types of game webcasts,live in the infringement and related responsibilities.At the same time,we will discuss the exemption of game live behavior and make suggestions based on the present situation of legislation.There are five main parts in this article.The first part briefly introduces the research significance of game webcasts and the research status at home and abroad.The second part analyzes the concept of online game definition,and makes a distinction between the online game and the electronic sports.In the third part,from the legal properties of the online game itself,the author analyzes the works and the rights attribution of the game screen and the live broadcast of the game,and discusses the possibility that the game webcast constitutes the deductive behavior and the performance behavior.Among them,the end user agreement on the online game live behavior restrictions should be invalid.The main content of the fourth part is to discuss how to judge the copyright infringement in game webcasts,and the principle of imputation of infringement in game webcasts.In the accountability of the infringer should be clearly responsible for the principle of responsibility,while excluding the relevant exemption in order to achieve a fair and accurate judgment of infringement and responsibility.The last part puts forward some suggestions on the status quo of legal protection.First of all,we should improve the copyright law of the relevant legal provisions,and secondly should improve the game webcasts copyright infringement litigation in the burden of proof system,and finally,improve the calculation of tort damages. |
