Research On Copyright Of Online Game Pictures

With the development of Internet technology,the market scale of online games continues to expand,and the speed of development is increasing day by day.Online games are composed of two parts: game program code and game picture.The program code can be classified into computer software works,but there is controversy about whether or not the game picture belongs to the work,what kind of work it belongs to and so on.In judicial practice,the situation of different judgment of copyright disputes has aroused intense discussion on the qualitative nature of game pictures.Taking typical judicial cases as the starting point,this paper tries to sort out the focus of disputes existing in the current academic and practical circles on the picture of online games,and divides the disputes around them.Analysis.In addition to the introduction and conclusion,this paper mainly consists of five parts.The first part is the network game picture copyright infringement dispute typical case overview.Through the carding of the typical cases,it is found that there are two controversial focuses in the typical cases,one is whether the game picture is a work protected by copyright law.Second,in the case that the game picture can become a work in copyright law,what type of work does the online game picture belong to.The difference in cognition of the court has caused controversy about the subject of the right of the game picture and whether the use of the game picture is reasonable.The second part analyzes whether the pictures of online games belong to the works of copyright law.Starting from the forming process of the online game picture,this paper analyzes the composing elements of the works embodied in the current copyright law of our country,and holds that the online game pictures accord with the constituent elements of the works,belong to the intellectual expression,and have originality.It is a work protected by copyright law.In the third part,based on the premise of recognizing that the pictures of online games constitute works,the author further discusses the types of works which belong to the copyright law.This paper analyzes one by one the schemes offered by theorists to solve the problem of classification of online game picture works,and concludes that there is no compatibility between online game pictures and compilation works and drama works under the scope of current copyright law,and that there is no compatibility between online game pictures and compilation works and drama works.The network game picture belongs to the compilation work,the drama work is not suitable.According to the current copyright law and the trend of modification,there are many reasonable ways to identify the online game picture as a film-making method.From this,we can draw a conclusion that the game is the same as the one created by the film-making method.The overall picture can be used as a conclusion to a work protected by copyright law that is produced in a film-like manner.The fourth part analyzes the copyright subject of game screen.Taking the main body involved in the formation of the game picture as the starting point,combined with the characteristics of the game picture,this paper analyzes that the behavior of players participating in the presentation of the game screen is neither original nor deductive.Make sure that users can't do anything other than the game development designer's presupposition,so they can't claim the rights to the online game screen.But the game designer has invested a lot of creation for the game picture presentation,should be the original main body of the game picture copyright.The fifth part discusses whether the use of online game screen behavior is reasonable.In this paper,the use of online game screen behavior is a reasonable use of the identification,using the four-factor test method,combined with typical cases,It is considered that the behavior of self-media people using online game pictures to create video games and the behavior of direct broadcasters using online game pictures for live broadcasting can be classified into the category of reasonable use.