| As a new industry,online game live webcast has never been recognized by the academic community.Until the advent of the "Yaoyu v.Douyu" case in 2015,the game’s special multimedia transmission method began to arouse people’s attention.Since then,some scholars have begun to explore the legal protection of online game webcasts.At the same time,there are voices of the judgment and theorists who believe that players did not produce original new works in the process of operating the game.Therefore,it is believed that the game live webcast does not belong to the works and is not protected by the copyright law.This article analyzes the "Yaoyu v.Douyu" and "Netease v.YY" cases,and extracts from the basic case whether the online game webcast constitutes a work and whether online game webcasting constitutes a violation of copyright in game works.Various views,put forward their own views.Based on the analysis of the problems existing in our country’s copyright protection for online games,we summarize the flaws in the current copyright protection of online games and propose corresponding suggestions for each issue.This article is divided into four parts.The first part is an overview.This section begins with the introduction of the case of"Yaoyu v.Douyu" and summarizes the focus of disputes in the case,leading to the issue of copyright protection for online game webcasts.Then,it elaborates on the concept definition and development status of online game live webcasting,and clarifies the object of this article,the necessity and urgency of copyright protection,and the three related legal main game live webcast platforms,anchors,and game development involved in online game live webcasting.Business presentations and analysis.The second part is the analysis of whether online game live webcast can constitute a work.The author believes that the live webcast of large-scale online game games obviously constitutes a work,while the live webcast of a common anchor requires specific discussion based on the live webcast content.After determining the online game constitutes a work,the classification of different online game live webcasts is performed.The third part is to point out the five major issues that hinder the legal protection of online game live webcasting.Including whether the online game live webcast constitutes infringement,original recognition of online game live webcast,lack of information network communication rights regulations,lack of accountability for live webcast platform and individual anchor,and lack of stipulations in the "Copyright Law" on deduction behavior.The fourth part is to provide corresponding suggestions and personal opinions on the issues raised in the third part.This section attempts to unify the criteria for identifying the originality of online game live webcasting under the current legislative framework,and expand the right to disseminate information on the Internet and deductions.The scope of concepts makes it more suitable for copyright protection needs in the new era,and explores the mechanism for tort liability between the current webcast platform and the anchor. |
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