电子竞技视频直播著作权问题探析
发布时间：2018-08-22 16:06
【摘要】：电子竞技游戏由游戏素材构成的静态电子竞技和基于玩家操作形成的动态游戏画面两部分构成。静态电子竞技是游戏开发者对不同游戏要素整体和部分的独创性表达,宜采取计算机软件与艺术类作品双重保护模式。玩家操作形成的游戏画面相对于它所呈现的静态电子竞技不具有额外的独创性,不构成《著作权法》保护的"作品"。用户不是游戏画面的作者,不享有独立的著作权。虽然动态游戏画面不构成作品,但包括动态游戏画面、静态游戏素材在内的整个电子竞技游戏具有区别于其他电子竞技游戏的独创性,应受《著作权法》保护。根据录制主体不同,电子竞技直播视频有专门机构录制的官方赛事和游戏玩家、主播自行录制的游戏视频两种类型。大型电子竞技赛事类似于电影作品,受《著作权法》保护;游戏主播、玩家自行录制的直播视频独创性不足,但对电子竞技游戏的传播发挥重要作用,受邻接权保护。电子竞技直播视频对电子竞技作品的使用符合《著作权法》第22条第2项规定的合理使用情形,将电子竞技直播视频中对整个电子竞技作品的使用纳入合理使用的范围,更有利于促进电竞产业的发展。
[Abstract]:The electronic competitive game is composed of two parts: static electronic game which is composed of game material and dynamic game picture based on the player's operation. Static e-sports is the original expression of different game elements by game developers. It is appropriate to adopt the dual protection mode of computer software and art works. The game screen formed by the player's operation has no extra originality compared with the static electronic competition it presents, and does not constitute the "work" protected by the copyright Law. The user is not the author of the game screen and does not enjoy independent copyright. Although the picture of the dynamic game does not constitute a work, the whole e-competitive game, including the picture of the dynamic game and the material of the static game, has the originality which is different from other electronic competitive games, and should be protected by the copyright Law. According to the main body of recording, there are two types of video recorded by the host, such as the official games and game players recorded by the specialized agencies, and the game videos recorded by the anchors themselves. Large-scale e-sports events are similar to movie works and protected by the copyright Law. The game anchorman and the live video recorded by players themselves are not original enough, but they play an important role in the dissemination of e-sports games and are protected by neighboring rights. The use of electronic sports live video in electronic sports works is in accordance with the reasonable use of article 22, item 2, of the copyright Law, and the use of the entire electronic sports works in the video of direct broadcast of electronic sports is included in the scope of reasonable use. More conducive to promoting the development of e-sports industry.
【作者单位】： 南开大学法学院;
【分类号】：D923.41
，
本文编号：2197616
[Abstract]:The electronic competitive game is composed of two parts: static electronic game which is composed of game material and dynamic game picture based on the player's operation. Static e-sports is the original expression of different game elements by game developers. It is appropriate to adopt the dual protection mode of computer software and art works. The game screen formed by the player's operation has no extra originality compared with the static electronic competition it presents, and does not constitute the "work" protected by the copyright Law. The user is not the author of the game screen and does not enjoy independent copyright. Although the picture of the dynamic game does not constitute a work, the whole e-competitive game, including the picture of the dynamic game and the material of the static game, has the originality which is different from other electronic competitive games, and should be protected by the copyright Law. According to the main body of recording, there are two types of video recorded by the host, such as the official games and game players recorded by the specialized agencies, and the game videos recorded by the anchors themselves. Large-scale e-sports events are similar to movie works and protected by the copyright Law. The game anchorman and the live video recorded by players themselves are not original enough, but they play an important role in the dissemination of e-sports games and are protected by neighboring rights. The use of electronic sports live video in electronic sports works is in accordance with the reasonable use of article 22, item 2, of the copyright Law, and the use of the entire electronic sports works in the video of direct broadcast of electronic sports is included in the scope of reasonable use. More conducive to promoting the development of e-sports industry.
【作者单位】： 南开大学法学院;
【分类号】：D923.41
，
本文编号：2197616
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