Analysis Of The Company Y's Suit Against The Zhu And Company S For Copyright Violations

As an emerging industry of the Internet,live webcast is developing rapidly.The emergence of a new economic model is testing the wisdom of the application of a country's legal system.Because of the legal vacancy,the current Copyright Law cannot effectively solve common infringements in the live webcast.Therefore,clarifying the responsibility of the main parties in the live webcast is the key to resolving the increasing number of infringement disputes.“Analysis of the Company Y's suit against the Zhu and Company S for copyright violations” is the legal dispute caused by live webcast of online games.There are three focus of controversy: Does Zhu's live commentaries on online games are works? For Zhu's video and audio commentaries on online games,does Company Y enjoy copyright in its live streaming platform? Does the act of Company S constitute an act of unfair competition? And how does Company S assume corresponding responsibility? First of all,although Company Y advocates that Zhu's game commentaries are works,the graphics of game operating involved in this case are not original,and the existing evidence cannot judge whether the commentaries on the online games in live webcast meets the requirements of originality and whether they are works.Secondly,Company Y and Zhu have an agreement that during the contract period,Company Y possess the rights and interests of Zhu's video and audio commentaries on online games as their foundation(including but not limited to intellectual property rights such as copyright and trademark right).But the copyright is a legal right,which means the agreement in the contract is not enough to make all the commentaries directly become the works protected by copyright law.And according to the relativity of contract,Company Y is not entitled to limit the interests of a third party or impose obligations on a third party by the contract between the two parties.So the agreement cannot have validity on Company S.Thirdly,Zhu,trained by the Company Y to be an anchor at a heavy price,is the core resource of Company Y.Thus Company S's behavior,for example,using the well-known anchor trained and exclusively signed by Company Y to obtain resources and gain popularity,damages Company Y's interest and constitute an act of unfair competition.Finally,in order to promote the healthy development of the live webcast industry,works of live webcast can be regarded as “works created in a waysimilar to film making” under certain conditions so that they can be protected by copyright.And at the same time,it is necessary to strengthen the supervision of live webcast and standardize the competitive behavior of webcast platforms.