The Copyright Infringement Case Analysis On The Dispute Of Feihu Company V.Xia Zhigu And Other Companies

The digital information age has made video games a hot gold industry,but behind the glory lies the battlefield of copyright,the infringement way also transforms from the traditional computer program Source Code Infringement to the game element copying even changes the skin this new type.Online Games are made up of source code and Resource Pool.The former applies to the "computer software protection regulations," no doubt,the status of the whole picture,which is composed of game rules,beautiful pictures,music,special effects and other elements,is unknown in the current Copyright Law of the People’s Republic of China(hereinafter referred to as the Copyright Law),to some extent,it also directly leads to a great "cancer" of the game industry in China — — The legal issue of game skin changing.In April 2019,the Guangzhou Internet court in the "The copyright infringement case analysis on the dispute of Feihu company V.Xia Zhigu and other companies" on the issue of a paper judgment has aroused public outcry.The case of game skin-changing copyright infringement often involves the controversial focus of whether the game screen can be copyrighted,the ownership of its copyright and the type of infringement.As far as legal principle is concerned,game pictures should be protected by copyright when they meet the requirements of originality and reproducibility.If the audio-visual effects presented meet the core requirement of "continuous dynamic picture",it is most appropriate to include the current type of movie-like works,while the "interactive" and "Open" features of the game do not affect the fixity of the game’s continuous picture,and by analogy apply to the special rules of attribution of movie-like works.Game developers are regarded as producers of the whole picture,and only under certain circumstances,in addition,the substantive similarity principle should be used as a bridge to identify whether or not the infringement of copyright constitutes.But the genre is not a long term solution,and the third amendment to the Copyright Law launched in 2011,is still in the works,the concept of audio-visual works should be introduced as soon as possible to meet the new demand of judicial practice and the trend of international legislation copyright and encourage social innovation.