The Limitation Of Author’s Right In Network Game Broadcast

With the rapid development of the Internet industry,the game live broadcast industry has become an emerging industry,which plays an indispensable role in economic development and has become an essential leisure and entertainment method for many people.At present,relevant laws and regulations in China have not clearly stipulated the relevant content of the game live broadcast,which has led to difficulties in the trial of related copyright disputes.The trial results in fact over-protected the interests of copyright owners and violated the principle of balance of interests.By analyzing the typical case of "Net Ease v.Huadu Company",the author first clarified that the legal type of copyright involved in live broadcast of online games is an electrical work,and the legal type of copyright involved in live video of a game is a video product.The copyright involved is proprietary The rights are "other rights that should be enjoyed by the copyright owner",and point out that there are deficiencies in the relevant adjudication grounds that have led to excessive protection of the copyright owner.Secondly,from the perspective of balance of interests,the reasons why the rights of game copyright holders need to be restricted in the live game market are analyzed.Finally,in accordance with the current restrictions on copyright in China’s "Copyright Law",a detailed comparison was made between the fair use system and the statutory licensing system,and the reasons for using the statutory licensing system as a means of restriction were clarified.The game live broadcast as a new legal license content,set reasonable proviso clauses,prohibit the copyright owner to expressly choose and improve the legal license payment method to solve the above problems.