游戏及游戏直播画面著作权归属问题研究

Research on the Ownership of Copyright of Games and Game Live Broadcast Screens

网络游戏直播产业发展中,游戏画面和游戏直播画面著作权归属是相关主体最为关心的问题,权利归属的明晰有利于减少纠纷产生。当前学界对此并未达成统一意见,有学者根据直播游戏的类别不同而分别认定游戏直播画面著作权;而有的学者则根据游戏画面是否可构成演绎作品进行区分,其判断标准存在不同。本文认为游戏画面和直播画面的著作权归属认定不能一概而论,而应根据游戏的具体类别及不同游戏类别和不同直播类型组合进行判断。

In the development of the online game live broadcast industry, the ownership of the copyright of game screens and game live broadcast screens is the most concerned issue for relevant entities, and the clarity of the ownership of rights is conducive to reducing the occurrence of disputes. At present, the academic community has not reached a unified opinion on this, and some scholars have determined the copyright of the live broadcast screen of the game according to the different types of live games;Some scholars, on the other hand, distinguish whether the game screen can constitute a derivative work, and their judgment criteria are different. This paper argues that the determination of copyright ownership of game screens and live broadcast screens cannot be generalized, but it should be judged according to the specific category of the game and the combination of different game categories and different live streaming types.