Study On The Legality Of Live E-sports Game Screen Under The Vision Of Copyright Law

In recent years,the e-sports game live broadcast industry has developed rapidly,but the copyright issue in the game live broadcast has not yet been clarified.It is necessary to theoretically clarify the nature of the game live broadcast and to clarify whether the behavior of the live e-sports game screen is legal,thus paving the way for the healthy development of the e-sports game live broadcast industry.The first chapter of the thesis first defines the connotation of the e-sports game and the live broadcast of the game.Then the second chapter analyzes the copyright of the e-sports game screen from the perspective of type,and at the same time,the current views of the intellectual property community on this issue are evaluated.According to the difference of competitive content,e-sports games can be divided into operational e-sports game,strategy e-sports game and operation and strategy e-sports game.The operational e-sports game does not reserve enough intellectual creation space for the game users.It is difficult for the game users to add intellectual creation when forming the game screen,so it is difficult for the game screen to constitute a new work;The strategy e-sports game does not reserve enough expression space for game users.It is difficult for game users to effectively express their intellectual creations when running games.Therefore,it is difficult for such game screens to constitute new works;The operation and strategy e-sports game reserves enough intellectual creation space and expression space for the game users.The game users can add intellectual creation in the process of running the game,and combine the game materials in an original way.The screen as a whole can constitute a new work whose copyright belongs to the game user.However,for this new work,because the works created in a way similar to cinematography have the limitation of "filming",they cannot be classified as works created in a way similar to cinematography,and the other eight types of works stipulated in China's "Copyright Law" are not included.Next,in the third chapter,the paper analyzes the rights of game users and game developers on the e-sports game screen.According to the division of ownership,the fourth chapter discusses the legitimacy of the open communication behavior of e-sports games.In the game screen,the copyright of the game material that can constitute the work alone belongs to the game developer,and the behavior of the game user running the game does not constitute a performance of the game material,and the game user cannot enjoy the performer's right.For the screen of the original operation and strategy game,although the game user has the copyright,the copyright of the game material in the screen is always owned by the game developer,the behavior of the game user to broadcast the e-sports game screen without permission,constitutes the information network communication of the game material.Moreover,the game developer usually bans the live broadcast of the user in the software user license agreement.Therefore,the game developer can claim compensation from both infringement or breach of contract.The final chapter of this article is to suggest solutions to such disputes.First of all,it is suggested that in the third revision of the Copyright Law," audiovisual works" will replace the current " works created in a way similar to cinematography",so that the original e-sports game screen can be protected as " audiovisual works";Another option is to use the generalized and enumerated models of the types of works specified in the Copyright Law to include other emerging works,including game screens.Secondly,it is recommended to add “other situations” in the reasonable use of the law,and to analyze whether other behaviors including the live game screen can constitute reasonable use through the “three-step test method”.Finally,it is recommended that the game developers be reasonably exercised their rights by establishing live broadcast industry associations and judicial authorities to issue judicial advice letters.