| With the rapid development of online game industry,online game live broadcasting industry is booming day by day and developing towards large-scale.However,China’s intellectual property practitioners and theorists still have disputes on the copyright issues involved in online game live broadcasting,and have not formed a complete and unified view.For example,does the online game screen belong to works in the copyright law?Has the live broadcast of online games infringed upon the rights of the copyright owner?Starting from the theory,this thesis will discuss the copyright disputes involved in different types of online game live broadcast,and put forward reasonable and feasible solutions to the disputes caused by online game live broadcast pictures.In addition to the introduction and conclusion,th is thesis can be summarized into the following four parts:the first chapter mainly combs the theoretical problems involved in the live screen of online games.Firstly,on the basis of introducing the inherent intellectual prop erty attributes of online games and seven types of games,this part discusses the formation process of its picture and two types of games.Secondly,it deconstructs the game live broadcast behavior,and summarizes the characteristics of interactive,real-time,profitability and self-determination of game live broadcast.At the same time,according to the specific contents and methods of the anchor live broadcast,it can be divided into real-time picture live broadcast mode,adding personal elements live broadcast mode and large-scale competition mode.Finally,on the basis of the foregoing,this part summarizes the relevant contents of the live screen of online games,and analyzes and compares it with the dynamic screen of online games.The second part of the text discusses the copyright and the corresponding right ownership of the dynamic picture of online games from the perspective of typology,which is also the core part of this thesis.The dynamic picture of online games is the display of comprehensive audio-visual effects.It belongs to audio-visual works stipulated in China’s copyright law,and the corresponnding copyright belongs to game developers.This part takes the copyright ownership of dynamic pictures of play games,simulation games,real-time strategy games and leisure games as the research object.When two conditions are met at the same time,the player may play the role of deductive author or performer:First,the game reserves,enough personalized expression space for the player,Secondly,player has creative acts approved by the copyright law.At this time,player can have the corresponding copyright.If the above two factors cannot be met at the same time,game developer is the copyright owner of the game dynamic picture.The third chapter makes it clear that online game live broadcasting belongs to "other rights that should be enjoyed by the copyright owner",and then analyzes the rationality and legitimacy of the public dissemination of game pictures by online game anchor and game live broadcasting platform.At the same time,different types of legal relations can be summarized between game live broadcasting platform and game live broadcasting,Based on this,this chapter divides the responsibilities between subjects.The last chapter expounds the applicable principles of interest balance theory in copyright law,and then puts forward some suggestions on the construction of game live broadcast copyright d ispute resolution mechanism.Firstly,this part suggests to clarify the identification standard of reasonable use.Secondly,China can set up a legal license system for online game live broadcast to maximize the overall interests.Finally,it is suggested to resolve disputes through diversified means. |
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