| In recent years,with the rapid development of the game industry and the continuous expansion of the audience,online game broadcast has emerged at the historic moment.However,with the rapid development of online game live broadcast market,more and more legal disputes have emerged gradually,among which the most prominent problem is copyright disputes of online game live broadcast.In the first part of this paper,through the analysis of the Hearthstone Legend Interpretation Case,the Fantasy Westward Journey Case and the Miracle Mu Case,the author studies the characteristics of online game live broadcast copyright,such as the unclear nature of online game live broadcast images,the unclear ownership of online game live broadcast copyright and the unclear determination of the reasonable use limit of online game live broadcast behavior.The second part makes a legal analysis of the features proposed in the first part.First of all,through the analysis of the identification of originality,the work attributes of online game images and the work attributes of online game live images,it is clear that the original online game live images belong to audio-visual works and are protected by copyright.Secondly,through analyzing the rights and interests enjoyed by online game developers,online game live broadcast platforms and online game anchors,the ownership of online game live broadcast copyright is clarified.Finally,through analyzing the nature and purpose of the use behavior,the nature of the use work,the quantity and quality of the used part and the impact of the use behavior on the potential market or value of the work,the identification standard of fair use is elaborated,and it is clear that the profitable online game live broadcast behavior does not constitute fair use.The third part,combining the above analysis put forward the original type network game picture composition works,have the right to belong to the provisions of the convention priority,no agreement belongs to network game host,the network game developers and network game live platform has the right to sign and get paid,and for-profit online game platform live act doesn’t constitute the rational use of point of view.At the same time,some suggestions are put forward in combination with the newly revised Copyright Law.It is hoped that the analysis and discussion in this paper will make a modest contribution to the settlement of copyright disputes and the development of online game live broadcasting industry. |
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