Research On Copyright In Online Game Live Broadcast

In recent years,the Internet mobile communication based on big data and oriented by artificial intelligence has developed rapidly,and the market scale of webcast industry has gradually expanded.Under the background of rapid update and iteration of media and Internet technology,live online game provides a novel way for people to relax and entertain,which has been widely concerned.At present,there is still controversy about the copyright-related issues caused by online game live broadcast.The academic circle presents different views,and the judicial practice field has the situation of the same case and different judgment.This paper takes issues related to online game live broadcast as the research content,takes typical cases as the entry point,and combines academic views and copyright-related laws and regulations to carry out a more in-depth analysis.Apart from the introduction,this paper is divided into five parts with the following logic:The first part is the combination of typical cases and academic views,leads to the existing problems of online game live broadcast copyright: first,the attributes of online game live broadcast images are not clear;Second,the ownership of the rights of the live video of online games is controversial;Third,there are limitations in the identification of online game live broadcast tort defense.The second part is the analysis of the work attributes of the live video of online games.In line with originality,duplicability of online game live broadcast images can fall into the deductive works or audiovisual works within the scope of protection.The definition and judgment criteria of audiovisual works are not stipulated by the current law,so it is necessary to start from the aspects of filming,continuity and fixity,and analyze the constituent elements of film works and similar film works.The third part is the analysis of the right ownership and the application of the adjacent right of the live video works of online games.If the anchor has creative behavior in game live streaming and the game picture constitutes the deduction work,he/she shall enjoy the copyright of the deduction work.The platform and the anchor can also decide the ownership of the copyright through the contract.The game company or the game broadcasting platform shall,as the author or producer,enjoy the corresponding copyright in the live broadcast images of online games based on game competitions.As for the application of adjacent rights,according to the existing law,anchors and platforms cannot enjoy the right of producers or performers of audio and video recordings.The fourth part is the analysis of online game live broadcast infringement related issues.In terms of infringement,it is shown as unauthorized live broadcast of online games and live broadcast of game events.In terms of infringement of rights,the infringement of online game live broadcast involves the right of broadcasting and the right of information network communication.In terms of tort defense,it is difficult for online game live broadcast to constitute fair use,and the standard for determining fair use should be made clear.Because the fault principle of joint and several liability and the rule of "notice-necessary measures" are not reasonable,it is difficult to form an effective exemption defense.In terms of the determination of tort liability,network anchors may constitute direct infringement,while live streaming platforms may constitute direct or indirect infringement.The fifth part puts forward some suggestions for reference according to the above existing problems.First,clarify the work attributes of the live video of online games;Second,clarify the rights of the live video of online games;Third,improve the online game live broadcast copyright infringement protection system.