On The Copyright Ownership Of The Live Broadcasting Screen Of Online Games

The e-sports industry has been growing at a high speed in recent years,especially online game live industry.Problem about intellectual property comes out like Wangyi v.Huaduo in2014 and Yaoyu v.Douyu in 2015.The conception,nature and type about live broadcasting screen of online games are not clear,making it hard to solve issues in practice.Although there are lots of research on live broadcasting screen of online games,whether those screens are works or not and are what kinds of work still remain to be seen.Among those researches,most are about sports event live broadcasting screens,lacking of discussing on live broadcasting screens of online games.Because of the economic value,we cannot treat live broadcasting screens of online games as sports even live images easily.This thesis makes a definition on the live broadcasting screen of online games at first in order to make clear of the ownership of the live broadcasting screen of online games.By telling live broadcasting screen of online games from online game screens,this thesis then talks about nature and types of the live broadcasting screen of online games.At last,this thesis will discuss the ownership of live broadcasting screen of online games respectively.This thesis consists of four parts:The first part will define the live broadcasting screen of online games abstractly.Firstly,it makes a comparison among electronic games e-sports and online games,pointing out that online games and e-sports are not the same.And online game live should not be taken the same as the sports events live.Then it concludes that live broadcasting screen of online games is dependent,unattached and continuous according to the differences between online game live screen and online game screen.The second part will make clear of the nature of live broadcasting screen of online games.It introduces the dispute whether live broadcasting screen of online games is work or not in practice and in academic,pointing out that the matter of the dispute is whether the live broadcasting screen of online games is a expression,whether it consists of originality and whether it can be copied.Then this thesis draws a conclusion that live broadcasting screen of online games is a kind of derivative work based on online game screen,because the live broadcasting screen of online games is differ to online game screen and it is a expression that can be copied.The third part will make clear the types of work of live broadcasting screen of online games.It introduces the dispute whether the live broadcasting screen of online games is an art work or audiovisual work.It points out that the live broadcasting screen of online games is continuous images not a still one.The live broadcasting screen of online games is continuous image accompanied with sound.According the latest modification of the Copyright Law,the live broadcasting screen of online games is an audiovisual work.The fourth part clears the ownership of live broadcasting screen of online games.First,it divides the live broadcasting screen of online games into two parts,one is that screen produced in studio and the other is produced in in e-sports event.Those screens created in studio belong to streamers,in that streamers are derivative authors and live platform is neighboring righter.But to those screens created in e-sports event,they belong to event organizers,in that they make a contribution to the creation of screen like a producer.And other players and live platforms are neighboring righter.By discussing the live broadcasting,it thinks that there is no fair use in live broadcasting.It should get a permit before a live no matter what kind of the live is.