Research On Copyright Protection Of Video Game Rules

Up to now,computer games have become a particularly important cultural industry.With the breakthrough of mobile communication technology and electronic information technology in recent years,network games have realized blowout growth in particular.Nowadays,computer games have permeated every corner of ordinary people’ lives comprehensively.However,the reality is that there is a lack of laws and regulations on computer games in China and even in the world,which results in a series of disputes in the computer game industry.Currently,the problems in the computer game industry are complicated and involve a wide range of interest groups,but the attribute and protection mode of computer game works are the most important and basic problems,which are the preconditions for solving other problems.In Chapter I,the concepts related to computer games and the protection situation of computer games in domestic juridical practices are expounded.Firstly,based on the theory of human computer Interaction,the main content is specified,the computer game screens and works are differentiated.Secondly,related domestic cases are summarized to explore the three protection modes of computer games in juridical practices,which try to provide proper protection for computer games by the way of legal interpretation based on existing laws and regulations but get into a at-a-loss state in face of various game types.In Chapter II,comparative research is conducted on the protection modes of computer games and overseas beneficial experience is absorbed.From a global perspective,there is no written law to specify the attribute of computer game works.At present,the common practice in various countries is still to protect computer games according to the protection mode of film works,but Japan and France,as two of the most developed countries in the computer game industry,have noticed the particularity of computer games in the form of representation and used means,and consider to establish special legal systems for it.In the United States,though the early cases still take the computer game screens as the objects to regulate the act of computer game plagiarism,according to some cases in recent days,the Court System of the United States has begun to provide stronger protection for computer games,if the non-screen elements such as game mechanism are original,they can be protected by the Copyright Law as well.In Chapter III,the necessity of taking computer games as a new type is discussed.On the one hand,computer games are considered as “ninth art” and have the expression method different from those of literary works,artistic works and film works.At present,various acts of computer game plagiarism mainly lie in expression method plagiarism.On the other hand,the existing type of works is difficult to match with computer games,whether it’s computer software or film works or creations made in a similar way of films,only a small part of the expression of computer games can be covered instead of the most important expression.Computer games is an emerging industry with great development potential,which is of great independence in the expression method,industrial development and utilization method.In Chapter IV,the ability to obtain copyright of computer game works is discussed.In the theory of copyright,thought expression dichotomy is the basis of judging the object of copyright protection.Among the computer game works,not just various materials in database belong to through expression,but the overall design and various materials of computer game interactive system as well as the collaborative arrangement between materials and data and the design belong to thought expression as well.But in terms of works originality,computer games should also be taken as an overall,otherwise,the selection,choice,arrangement and design of game developers in game works will not be reflected.Meanwhile,the type of works is not the reason to deny the originality of works,but on the contrary,if some thought expressions are original,they should be protected even if they don’t belong to the current type of works.