Research On The Balance Of Game Webcast Copyright Interests

With the promotion of Internet technology and commercial capital,the game webcast market has developed rapidly in a few years.But at the same time,the disputes among game makers,game live platforms,game anchors in copyright and benefit distribution have emerged.The imperfect laws of game webcast and the difference of interests among the main bodies lead to the serious conflict of copyright interests among the main bodies in game webcast.The conflict of copyright interests in game webcast leads to the increase of trade friction and the continuous litigation disputes between the main bodies,which seriously hinders the development of game webcast.Therefore,how to coordinate and balance the copyright interests of various subjects in game webcast is an urgent problem for copyright law to respond to,and also an effective way to promote the healthy development of game webcast.Guided by the theory of interest balance and using coase’s transaction cost theory as the analysis tool,this paper is devoted to clearing up the copyright interests conflicts among the main players in game webcast,and on this basis,coordinating the interests among the main players to achieve the goal of balance.This paper is divided into four chapters,specifically stated as follows:The first chapter puts forward the problem to be discussed in this paper,discussing the copyright conflict of interests among the main players in the game webcast.Firstly,this paper gives a brief overview of game webcast,then analyzes various stakeholders and their interest demands in game webcast,and finally points out that the copyright conflict of interests in game webcast at present is embodied in the copyright disputes among the main bodies,including three aspects: first,there are disputes among the parties about the copyright and the rights of the game running pictures;Second,there are disputes among the parties about the copyright and the rights of the game live picture;Third,the parties have differences on the legal nature of the game live broadcasting.The second chapter discusses the theoretical basis of copyright interest balance in game webcast,including the theoretical tool of interest balance,the analysis method of interest balance and the specific steps of interest balance.The first section discusses the theory of interest balance and the theory of interest balance in copyright law,which paving the way for the theoretical application of the following text.The second section discusses the analysis method of interest balance,namely coase’s transaction cost theory.Under the guidance of coase’s theorem,the law should arrange the interests between the players of game webcast according to the economic thinking mode of cost-benefit,and pursue the dual goals of minimizing the cost and maximizing the social benefits.The third section is to design a specific plan for the game webcast copyright interest conflict: the first is to determine the nature of game webcast copyright disputes within the framework of copyright law,border the copyright rights between the main body,clarify ownership rights of copyright among subjects,clear the legal nature of the game live broadcasting;second,on this basis,using the theory of interest balance and combining with the main interest claims of the subjects,through legislation to establish a balance mechanism of multiple interests between the main body.Through these two steps,the integration of "legal rationality" and "industrial appeal" can be realized,so as to reduce transaction costs and promote the maximization of overall interests.Chapter three and chapter four are the specific steps of interest balance.The third chapter is aimed at existing copyright interest disputes within the copyright law framework in the game webcast.In order to become a work protected by the copyright law of our country,the first thing we should do is to make sure that the game running picture belongs to "the work created by the method similar to film making" on the whole,and look for originality on this basis.If the game running picture is original,it will constitute a movie work,and the copyright belongs to game makers.The game live picture can be regarded as a video recording or movie work if the game anchors or the event organizer has made original contributions in game webcast.The rights shall be vested in the game anchor or the event organizer.If the game live picture is simply restored to reproduce the content of the game running pictures,the copyright of the game live screen should belong to the game makers.Without the permission of the game makers,the game webcast is controlled by the "other rights" of the copyright owner,and does not constitute a reasonable use in the sense of the copyright law of our country,which constitutes an infringement.The fourth chapter is based on the qualitative analysis of copyright disputes of game webcast,using the theory of interest balance,and combining with the main interest demands of various subjects in game webcast,to establish the copyright interest balance mechanism of game webcast.The construction of interest balance mechanism of game webcast should adhere to two major principles: first,the legitimate rights and interests of copyright owners should be effectively protected,;second,to ensure public access to and use of the work.Under the guidance of the general principle,the paper actively explores the balance point of interests among the main players,and reasonably coordinates the multiple interests of copyright among the main players of game webcast,including the following three aspects: game makers have the right to obtain economic interests as the consideration for the use of works;game makers cannot prohibit or strictly restrict the authorization of works;game makers cannot set high transaction threshold in the transaction.In this regard,copyright law can achieve the balance of the copyright interests of the main body in the game webcast through the establishment of statutory licensing,so as to reduce transaction costs and promote the maximization of overall interests.