| The online game live broadcast industry is becoming more and more prosperous,and copyright disputes involving online game live broadcasts are also emerging.In the context of the diversification of network communication technology,online game live behavior as a way of emerging performance works,related infringement disputes often involve very complicated copyright issues,and there are many controversies in the academic and practical circles in China: online game live behavior Whether the formed picture is the work protected by the copyright law,the attribution of its copyright,the definition of the type of online game live behavior,and the identification of the infringement liability of the online game live behavior.Defining the attributes of the works formed by the live webcast behavior,clarifying the copyright attribution,distinguishing the types of online game live behaviors,adjusting and balancing the rights and obligations of game developers,game players and webcast platforms,and avoiding online game live broadcasts.The copyright infringement disputes occur frequently and are of great significance.Starting from the definition of the concept and characteristics of online game live behavior,it provides the premise and basis for the discussion of follow-up questions.Further analysis of the copyright issues involved in online game live behavior: The first point is to explore whether the images formed by the online game live behavior can constitute a work.According to the "Copyright Law" on the relevant provisions of the works,the online game screen is not the same as the online game live screen,the latter is the former after processing through the live webcast behavior.It is clear that online game screens and online game live screens constitute works protected by copyright law.Under the current copyright law framework,online game screens as a form of online games should be attributed to film-like works;the second point is to explore the live webcast.The issue of copyright ownership.Since the core original intellectual achievements of online game live pictures come from game developers,the copyright of online game live pictures should be enjoyed by game developers.Considering that the player has a certain contribution to the formation of the online game live screen,and the degree of originality contribution varies according to the type of the game,when the player's original contribution is high enough,it can form an expression different from the original screen of the game.The player has copyright in the original expression of the part.And regardless of whether the player can enjoy the copyright of the live online game screen,it does not affect the copyright of the game developer.According to the difference degree of the player's originality contribution,the online game live behavior is classified into a live broadcast behavior with deductive nature and a live broadcast behavior with performance nature,and the copyright interest enjoyed by the player is discussed in a type.When the player's original contribution reaches a certain level,the online game live behavior constitutes a deductive behavior,the player has the legal status of the author of the interpretation,and enjoys the copyright of the deductive works formed by the live broadcast.When the player's originality contribution is low,considering that he also invests a lot of intellectual labor,his online game live behavior constitutes a performance act,and the player has the legal status of the performer and enjoys the performer's right.The significance of classifying the online game live behavior is that the copyright infringement involved in the live behavior of different types of online games is different,and the legal status of the players is different.It is beneficial to classify the live behavior of online games in advance to determine the tort liability of the behavior.Based on the previous classification,analyze the constituent elements,responsibility and exclusion of online game infringement liability.First,the deductive nature of online game behavior infringes on the information network communication rights and deductive rights of game openers;the online game live behavior with performances infringes the game developers' information network communication rights and performance rights.Second,according to the different types of online game live behavior,because the player's infringement scope is different from the degree of infringement,there is a difference in the player's tort liability.When the webcast platform cooperates with the game player or has subjective negligence,it shall bear the tort liability with the player.Third,in the non-profit online game live behavior,the player constitutes a reasonable use of the game works,the player's live broadcast behavior does not constitute infringement,and does not have to bear tort liability.Based on the limitation of copyright in Article 22 of China's Copyright Law,and taking the four measurement factors specified in the US Copyright Law as a supplementary reference,the non-profit online game live behavior as a free performance act is a reasonable use.The legal behavior of the game works belongs to the exclusion of the infringement liability of the online game live broadcast.The exploration and demonstration of the above problems are conducive to clarify the rights and obligations of game developers,game players and webcast platforms,and to better solve the copyright infringement disputes caused by online game webcast. |
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