Research On Sdandards Of Online Games' Copyright

With the development of Interent technologies,the production and distribution of games has become one of the fastest growing entertainment industry in the world.online games naturally has become one of the most popular way for people to entertain.While online games create great economic value,the competition in the game industry is emerging in an endless stream.In practice,the problems of online games'copyright has been emerging,which has aroused great concern in the academic and judicial circles.Developing a game is costly and long time consuming,which requires huge manpower and material resources.If such problems can not be effectively solved,it will not be conducive to the healthy development of the game industry.At present,there are no specific regulations about online games in the legal system of china.In practice,according to the characteristics and contents of online games,its copyright are divided into the computer software copyright of the software part and the copyright of various works which are displayed on the computer screen.Although this way of identification is beneficial to the comparison of copyright infringement,it ignores the integrity of the games.When dealing with the disputes of online games' copyright,the court should first affirm whether they belong to the objects of copyright protection,that means they should have originality and not belong to the category of thoughts.secondly,it should determine whether the copyright infringement is constituted by the criteria of“contact and substantive similarity”.Combined with the specific cases of online game' copyright disputes in China,the article emphatically analyzes the status of the standards of right and infringment.In practice,there are some problems waiting to be resolved,.One of them is that the distinction between ideas and expressions is ambiguous,another one is the standard of infringement is unreasonable.For this problem,the article compares the ways to distinguish dichotomy of ideas and expression like Merger Doctrine and Scenes a Faire Doctrime of other countries.The standards of the Three-Step Test and Total Concept and Feel applicable to copyright infringment are also analyzed in this article.Finally,in order to provide sufficient basis for solving the disputes of online game' copyright and to protect the legal rights of game developers,this paper will put foward some suggestions to improve the standards of online games' copyright by drawing on the advanced experience of foreign countries.