On Copyright Infringement Of Live Streaming Of Video Games

Online game live streaming is to show the whole process of players operating online games synchronously to the audience.Although online game live streaming has produced extremely significant economic benefits,as an emerging industry,this industry poses many challenges to China’s copyright law.How to protect the interests of the right holders in game live streaming has become a hot topic and difficult problem in the field of recent copyright laws.The domestic copyright law has recently been revised.Against this background,this article analyzes the legal nature of online game live streaming,and analyzes whether the online game live streaming has led to infringement of game copyright,On this basis,the article puts forward some suggestions to regulate the behavior of online game live streaming.The article first introduces two famous cases related to the live streaming of online games,and analyzes the court’s thinking and reasons respectively,distills the different qualitative behavior of live online games in the current judicial practice of our country,and leads to the research object of this paper.The properties and ownership of the game running screen used in the live streaming are the primary issues to determine whether the game live streaming infringes the copyright of the game developer.This paper holds that,as the core content of the game live screen-the game running screen has a high originality and can be perceived by people,belongs to the audio-visual works,and the game developers enjoy the copyright to the game running screen.If the game live streaming behavior does not get the permission of the game developer,this behavior fell into the game developer’s interpretation rights,reproduction rights,broadcast rights control scope.This behavior is illegal and constitutes the infringement of copyright.Finally,this article chooses the perspective of infringement defense to systematically analyze whether online game live streaming constitutes fair use.The view of this paper is that the unauthorized live streaming of online games does not conform to the elements of reasonable use,and finally concludes that the unauthorized live streaming of online games constitutes an infringement in copyright law.