Analysis On Fair Use Of Copyright In Online Game Live Streaming

With the development and expansion of online game live broadcast market,copyright disputes of online game live broadcast have increased,and whether online game live streaming can be considered as fair use has become the focus of controversy.The nature of copyright of online game live broadcast determines the profit distribution of online game live broadcast market,relates to the healthy development of game live broadcast industry,and it is also a concern of game live broadcast users and audiences.Firstly,this paper analyzes the basis of copyright protection of online game live streaming,that is,the premise of fair use.Then,it sorted out the obstacles of fair use in the existing infringement cases of online game live broadcast,as well as the current situation of fair use regulations and judicial application,and determined the basis and measurement factors for fair use.Then,through the analysis of the purpose and nature of the work used,the nature of the work used,the quantity and quality of the part used,and the impact on the potential market or value of the work,determined whether the online game live streaming can be considered as fair use.Finally,according to the above analysis,the author puts forward some suggestions to improve the recognition rules of fair use of online game live broadcast.The continuous screen of the game belongs to the work of copyright law.According to the current copyright law,game live broadcast should be regulated by other rights enjoyed by copyright owners.After the implementation of the newly revised copyright law,online game live broadcast should be regulated by the broadcasting right.For those providing playback and on-demand services,it should be regulated by the information network communication right.Combined with the reality of online game live broadcast and the analysis of the four elements,this paper believes that individual competitive game live broadcast has no substitutive effect on the game and will not have substantial impact on the existing game market,so it is more likely to be considered as fair use.Due to the live broadcast of personal story games is more likely to replace the game and thus affect the corresponding game market,so it is less likely to be considered as fair use.Due to the diversity and complexity of the reality of game live broadcast,it is still necessary to analyze specific cases in combination with the case situation.It is necessary to pay attention to the balance of interests of all parties in the adjudication of the copyright dispute cases of online game live broadcasting.While protecting the rights of copyright owners,we should take into account the interests of all parties and seek the maximization of interests from the perspective of benefiting the development of the industry and protecting the vitality of the market.In order to better deal with the new problems brought by the Internet technology,we should improve the fair use system of our country.At the same time,we can formulate a more specific standard of fair use base on the judicial practice of the four elements.