Research On The Balance Of Copyright Interests In Esports Webcast

The live streaming of esports games is the existence of "another form and content" of the new and special media of esports games,which is also an important condition for the development of esports games from a single medium to industrialization.The rapid warming e-sports games live commercial value,the market has expanded rapidly,at the same time,esports games e-sports game developers and live side produced serious copyright interests conflict,both sides want e-sports games live can be controlled by their own,and can possess esports games broadcast rights and interests of copyright.How to properly coordinate the interest relationship between relevant stakeholders,solve the conflict of interest,and promote the balance of copyright interests of esports game live broadcasting has become an urgent problem to be solved in the development process of esports game live broadcasting.Guided by the theory of interest balance and using transaction cost theory as a specific analysis tool,this paper determines the specific analysis scheme to promote the interest balance of esports live game copyright: Firstly,analyzes the current situation of coordination of copyright interests of e-sports live games,then through the examination of the results of interest coordination,combined with the main interest demands of all parties in the esports live streaming game industry,measure the interests of the main body,distribute the interests of the main body,and put forward the benefit rebalancing scheme that can make the interests of all parties in the industry lose and the transaction cost is the lowest,while maximizing the overall economic benefit of the industry.Under the current pattern of copyright interest coordination in China,as the core basic content of esports game live broadcast,esports game pictures can constitute audio-visual works,and their copyright belongs to esports game developers.As the main content product of esports game live broadcast,esports game live broadcast images can constitute deductive works,and the streamer,as the performer,can enjoy the copyright of esports game live broadcast images.Livestreaming of esports games without authorization of esports game developers is easy to be regarded as meeting the constitutive requirements of infringement,and it cannot be infringed through legal license and fair use,which constitutes the infringement of the video broadcast right of esports games.The current situation of interest coordination shows that the production of live video of esports games has no other way but to obtain the authorization of esports game developers.It is very easy for esports game developers to control the market of esports game livestreaming by dominating the authorization of esports game livestreaming,and this situation will adversely affect the development of all parties involved in esports game livestreaming.Esports game developers tend to lose potential consumers because of the declining passion of esports game streamers.The interests of esports game livestreaming parties are in the midst of great uncertainty,and the realization of interests is difficult to be effectively guaranteed;On the other hand,the ecology of esports game live streaming industry will be less active due to the control of esports game developers over the esports game live streaming market,and it is difficult to promote the improvement of service and content output quality of all parties through effective competition.When coordinating the copyright interests of the e-sports live game industry,we should fully respect and consider the interest demands of both copyright parties.In following the copyright holder of the rights and interests shall be protected by appropriate and copyright should be properly close to meet the user’s two principles at the same time,try to choose the subject interests violation to a minimum,the lowest cost of industry overall scheme,thus ensure the final after the effective coordination of industry subject interests conflict,promote the benefit maximization of the industry as a whole e-sports games live.To be specific,we can start from the following three aspects: first,improve the copyright law to ensure that there is a basis for interest coordination;second,create a new authorization mode to meet the interest demands of all parties;finally,strengthen the sense of responsibility of the industry to promote the prevention and treatment of interest infringement.