As a new cultural and entertainment mode in the new era,online game live broadcast has shown a burst pattern from its birth to its development due to its wide audience and huge commercial potential.By 2020,Chinese game live market scale has reached 20.81 billion,57.8% growth compared with previous years,the growth rate rise in a year,has now formed a considerable industrial structure with a higher level of commercialization,At the same time,its highly developed commercialization is accompanied by numerous commercial disputes.Among them,the identification of the reasonable use of online game copyright in online game live broadcasting has become a hot topic in the current legal theory and judicial practice."Fantasy westward journey 2 case" as typical cases,by parsing using both sides of the controversial issues,according to the characteristics of the complexity of the network game,network game live in disputes exist in qualitative,rules apply chaos,concrete through to the network game picture qualitative work,work type of belonging and the associated problems to explore the rational use of rules,To provide a logical premise for the identification of the fair use of live pictures of online games:to clarify the nature of the copyright of live pictures of online games,and to further clarify the relationship between live pictures of online games and fair use based on the analysis of the types of their works.On the premise of this,the identification path and standard of the reasonable use of online game live screen in practice is to master the reasonable use rules from the perspective of comparative method,and to construct the determination standard of the reasonable use based on the influence of different game types and the semantic analysis of general elements.To guarantee the network game live coverage to rational use in practice,it is imperative that the copyright fair use to set up the standard unification,clarify the legal connotation of audiovisual works are necessary,development of copyright fair use system in China,still need to continue to draw lessons from "four elements" of the United States said,could help to determine reasonable use provide a more flexible and open judgment standard. |