| Recently,with the innovation of digital technology,Chiness video gaming market has been developingsignificantly.As the most profitable part-the streaming market has grown rapidly.As a promising industry,due to the relevant law and other regulations,the copyright protection of live steaming becoming a controversial topic in the society.Therefore,it has caused the problems and disputes without relevant legal basis,inconsistent application of law,the copyright of live streaming is difficult to get strong protection from the law and regulations,which affects the development of live streaming and even to video gaming industry.Therefore,it is very necessary to strengthen the copyright protection of live streaming.Live Video Game: the streamers are playing video games through the Internet and other social media platforms to catch as much as audiences attention.There are three main types of live streamer: game anchor personal live and e-sports game live broadcast.With the content classification of live streaming,which can be divided into role-playing,competitive strategy,simulation and sports shooting and other types of video game live.Streamers can be divided by the purposes,such as for diversity,interactivity and entertainment.Based on law and regulations development,there has not direct regulation of the copyright law of live streaming in China.There are only a few administrative regulations to standardize the network broadcast industry and other basic documents.In the current judicial situation,there is no standardize reluations for copyright disputes arising from live streaming,and there have been cases of different judgments.such as the "Fish Fighting Case","furnace Stone case","NetEase v.YY case" and other cases of the court decision basis and results are not consistent.Thus,the live streaming copyright protection in Chinese market really needs to be improved.At present,there are four main problems in the copyright protection of live streaming in China.At first,whether the video game live videos constitute the work into doubt;Secondly,whether the live video can achieve the meaning of copyright law works originality and reproducible requirements are disputed.Thirdly,the types of works and the attribution of rights of live streaming are not clear.At last but not the least,there is no judicial or legislative dispute as to whether the proprietary right types of works live in video games are not stipulated and the proper use of live video games is applicable.The three countries and regions have no special features and direction for the copyright protection of live streaming,which are the United States,Europe,Japan and South Korea.And the US government protects the copyright of streaming through the combination of judicial jurisprudence and legislation,while the European Union believes that preventingimproper acts such as infringement in live video games,in addition to relying on the law to bottom,We should also rely on the development of electronic network copyright defense policy,the establishment of network copyright risk prevention system and other measures.Based on the concept of "encouraging innovation",Korea mainly relies on the combination of industry autonomy and government management to protect copyright law.On the other hand,Japan has imposed strict restrictions on the country's live streaming copyright from the perspective of "protecting originality",which protects the country's video game industry.The different practices of the above four countries and regions have produced different effects on the development of the live streaming industry in China,and have some enlightenment and help to the research on the copyright protection of live video games in our country.By studying the practical problems faced by the copyright protection of live streaming in China,and combining with the present situation and practice of live copyright protection of video games in four countries and regions of the United States,Europe and Japan,the author puts forward the countermeasures to perfect the copyright protection of live streaming in China.As far as the live streaming belongs to the work,the author thinks that the object produced by the live streaming should be consistent with copyright law,which should be made clear in theory that the live streaming belongs to the works,and then it is protected by the copyright law of our country.Due to the diversity of live streaming,the type of work and the attribution of rights should be analyzed according to different circumstances,cannot be generalized.Therefore,Chinese copyright law should be based on the current stage of Chinese legislation,to clarify the type of live streaming and the attribution of rights,In order to better play the role of copyright protection.The proprietary right of a live streaming applies only to the bottom clause "other rights that should be enjoyed by the copyright owner" at this stage.However,because of the limited performance of its content and can only be used for the transition at this stage,the bottom clause of "other rights" should be incorporated into the "Right of Information network communication" through legislative means,so that the "right of Information network communication" becomes the exclusive right of the works of live streaming.Through the element of "conversion use",the author finds that reasonable use is compatible with live video games.Therefore,in the legislation,the element of "conversion use" is incorporated into the rational use system,which makes the use of live stream to a limited extent,in order to solve the current conflict between legislation and justice,and to clearly "encourage innovation" in the judicial principle to promote the better and faster development of new industries such as video game Live.This paper first discusses the concept and characteristics of live video games,and puts forward the necessity to protect the copyright of live video games.On the basis of fully discussing the above problems,this paper demonstrates the types of copyright rights involved in live video games and whether they are applicable and reasonable.Finally,by referring to the situation of copyright protection of live broadcast video games in major developed countries and combining the actual situation of our country,this paper puts forward some countermeasures to perfect the copyright protection of direct broadcast of electronic games in our country.This paper attempts to make a concreteanalysis of live video games from the above angles,hoping to provide some new ideas for defining the rights and protection of live video games,and to promote the prosperity and development of the game market and industry.At the same time,some useful references and suggestions are put forward for the perfection of intellectual property legislation in China.Recommendations. |
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