| Through its entertainment and competitive antagonism,online game live broadcasting has become an indispensable part of the public’s amateur life in recent years,especially loved by the younger generation.With the rapid development of online game live broadcasting industry,fierce disputes on rights and interests have erupted among all parties.In the process of case trial,it is difficult to determine the nature of the live video of online games and the vague ownership of rights that people are caught by surprise.Through the understanding of the formation process of live video of online games,we can give it a clear definition.Online game live broadcasting can be divided into two modes: player autonomous live broadcasting mode and game live broadcasting mode.Under the mode of player autonomous live broadcasting,it can be divided into live pictures of competitive games and live pictures of plot games according to the types of games.Under the mode of players’ autonomous live broadcasting,live pictures of competitive games can be regarded as re-creation on the software program of games,i.e.deductive behavior,which has the possibility of becoming deductive works.With deductive behavior,the host becomes the deductive author and has the copyright of the deductive works.Another kind of live pictures of dramatic games can be compared with "similar works" to study their originality and start the game.The distributor’s main contribution to the design of the game plot is the copyright of the picture,the host shows the content of the work to the audience and enjoys the status of performer;the live picture of the game event is more similar to a variety show because of its professional production.This kind of picture is not only the live broadcast of the game picture itself,but also the presentation of the whole program arrangement,so it has the feasibility of works.The right to do so shall be enjoyed by the organizer of the event. |
