| In recent years,E-sports games as a new sports game,and with the ecological prosperity of China’s e-sports industry,have been popularized and developed rapidly by the unique advantages of webcast.On the other hand,with the continuous development of the commercial development of the competition,there is a corresponding legal problem,which is attracting more and more attention.At present,there have been infringement cases related to e-sports events in China’s judicial practice,but due to the lag of the legislation of copyright law in China and the complexity of the electronic games as the object of copyright,there is still some dispute about the rights and attribution of the rights of broadcasting rights.In the judicial practice,there is no accurate determination of infringement in the live broadcast of e-sports events,and there are different phenomena in judicial practice that apply to the same facts.Including intellectual property attributes about video games,live online what rights should be applied type,e-sports event frame work nature judgment and e-sports tournament live TV rights attribute and ownership issues such as has not been clearly defined in the theory and practice,the legal questions involved in still under exploration.Thus,it is urgent to determine that relate rights in the live broadcast of the e-sports through the accurate definition of the legal system,and to clarify the responsibilities and obligations of all relevant subjects relate to the e-sporting event.First of all,video games live on video games themselves,and all of the electrical events are based on video games.It can be said that the copyright infringement of electronic games is discussed,and it is a prerequisite to find out the intellectual property rights of video games and the attribution of corresponding rights.Based on this understanding,this paper intends to analyze and discuss the relevant copyright issues of e-sports events from the basic principles and theories of copyright.The main conclusions of this paper are as follows:1)The inherent rights of electronic games shall belong to the manufacturers of video games.2)The network broadcast behavior does not apply to the information network transmission right and broadcasting right in the sense of copyright law,and cannot define the legal nature of "network broadcast" as "information network communication" and ’broadcasting" behavior.Besides,it is necessary to protect"network broadcast" on the basis of the clause.3)The e-sports players do not participate in the creation of the works,and they do not enjoy the right to perform the right of performance in the sense of the property right in our country and the right of the performer in the sense of the adjacent right4)The broadcast of e-sports events has a certain degree of transformation to the transmission of video game images,which can make a reasonable use of video game works.5)The live images of e-sports events refer to the dynamic images of e-sports events,which have the characteristics of backgroud,characters and stories,which are similar to films.They are the expression of the functional and artistic expression of video games,and cannot be regarded as the same as traditional sports contests,and should be included in the category of film works.6)E-sports live broadcasts can be regarded as "audio-visual works".It is that copyright infringement action that other people have not authorize the commercial use of live program broadcast by the electronic racing competition no yet authorize by the relevant right holder.In the end,this article finally define e-sports games live images with the electronic athletic events live TV is protected by copyright,this is helpful to coordinate the game designers,sponsorships,live platform,the interests of the relationship between electronic competitive players and related subject.It is hoped that we can promote the further improvement of the legal system of e-sports broadcasting in China,so as to promote the healthy and healthy development of e-sports broadcasting industry. |
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