The 20th National Congress of the Party emphasized，"Persist in respecting knowledge，Respect creation "。The intellectual property system system runs well，It is inseparable from the improvement of the awareness of the social intellectual property rights，It is inseparable from the strengthening of intellectual property legislation and judicial protection。In recent years，With the rapid development of the live broadcast industry in my country，Copyright disputes related to it are also increasing。The court needs to solve whether some game live broadcast constitutes infringement and whether the live broadcast party can be exempted。Although the theoretical and practical circles have conducted a warm discussion on this issue，And more consistently believes that the continuous dynamic screen of online games constitutes "works created by a method of filming in similar films" or "audiovisual works"，The live broadcast party's behavior of the game without permission violated the exclusive rights of the game developer，But there is still room for discussion in this problem。

　　Bet365 lotto review

Copyright restrictions and exceptions are designed to facilitate the public to obtain works used for "special purposes" (such as education、Public benefits、Cultural Heritage、Comments and drama imitation)，Allows to bring high costs when authorized license negotiations to over -limit the transmission of works，No need to authorize certain works。my country's "Copyright Law" Chapter 2 Section 4 of the "Restrictions Restrictions" part of the restrictions of two types: no compensation restrictions (Article bet365 Play online games 24) and compensation restrictions (Article 25、Article 35, paragraph 2、Article 42, paragraph 2、Article 46, paragraph 2)。The former stipulates the specific restrictions on copyright protection，That is, users can legally use copyright works without the permission of the copyright owner and without paying.，Allowed unauthorized use，Pay an appropriate remuneration to the copyright owner。These two clauses provide a possible framework for coordinating the relationship between game developers and game live broadcasters。

　　Unlimited restrictions

Although my country's legal community has argued whether China should adopt American copyright restrictions on the "four factors" analysis method，But the third amendment of the Copyright Law of my country (2020) clearly pointed out，China Copyright Law will not change to the open mode of the United States in terms of copyright restrictions and exceptions。Article 24 of the Copyright Law of my country is included in Article 9, paragraph 2, paragraph 2 of the Berne Convention and Article 13 of the Trips Agreement on the Three Step Tests on the Restricted Restricted Restrictions，That is "the normal use of the work" and "have to reasonably damage the legitimate rights and interests of the copyright owner"。Article 24, paragraph 1, also stipulates that 13 types of users can freely use copyright works without the permission of copyright owners。Although Bet365 lotto review the game live broadcast does not belong to these 13 categories，But some experts think，Policies based on this article，The game live broadcast should be exempted from copyright infringement liability。For example，Professor Wang Qian thinks，Different "passive appreciation" with the movie because of its audiovisual elements，Online games highly depend on the personalized interaction of each player，Therefore, the game live broadcast constitutes the use of conversion。Professor Xie Lin draw on utilitarian theory，It also supports the game live broadcast is reasonable to use，I believe that the law only needs to ensure that the copyright owner has enough motivation to develop online games，The benefits obtained by the live broadcast should not be a market that the original game developer is reasonably expected。But，Professor Li Yang agrees with the views of the Guangdong Higher People's Court，It is believed that the online game violates the online game to violate the "other rights" of the game copyright owner stipulated in Article 10, paragraph 17, paragraph 17 of the Copyright Law of my country，Can't use any copyright example as a reason for defense。Zhu Jianjun also said，Game Live is a reasonable potential market for game developers，Unauthorized online game live broadcast constitutes infringement，But the economic interests generated by this should be assigned between different stakeholders。Professor Cui Guobin thinks，"Provide the public live video to the public or play e -sports to enter the game developer in public places，The effectiveness of the reasonable use of defense depends on the analysis of specific facts in individual cases "。

From the perspective of comparative methods，According to US law，The copyright owner needs to clearly express the intention of profitability from public game activities，in order to have the opportunity to defend the reasonable use。In Japan，Game live broadcast is regarded as "tolerable infringement behavior" — technical and theoretically，This is copyright infringement，But the copyright owner often adopts an attitude of tolerance or disappear for it。Based on this approach，Professor Shigenori Matsui Professor of British Columbia University，Either denying Bet365 lotto review the game live broadcast Bet365 lotto review is infringing，Either legalize the game live broadcast。According to the EU's practice，Professor Eirik Jungar, University of Upsala, Sweden, advocates using the exception of "freedom of speech" to limit the right to game developers to live broadcast of certain games。Although these arguments have reference value for my country's future copyright reform，But the current game live broadcast should not be classified as non -compensation restrictions，The reason is as follows。

First，Freedom of speech in my country's copyright system is not a major consideration factors for setting rights。Next，The interaction between the game anchor and the game developer is well illustrated by the economic impact of game live broadcast on game developers。For example，In the "Fantasy Westward Journey" case，NetEase claims to suffer economic losses，Because the defendant inserts a lot of advertisements in Bet365 lotto review the game live broadcast，Make the audience a negative evaluation of this game，As a result, a lot of fans have been lost。This also explains Tencent's statement: "Personal game live broadcast must be authorized by Tencent。""，Almost all Chinese game developers regard game live broadcast as an important means of marketing or promotion of new games。Given that game live broadcast has important economic value for game developers，According to the provisions of the Copyright Law，Game live broadcast should not be included in the scope without compensation restrictions，Because it will cause "unreasonable damage" for the legitimate rights and interests of the copyright owner。

　　Compensation limit

The main copyright problem facing the game live is，On the one hand，Game live broadcast will indeed affect the economic interests of game developers，It is difficult to defense with "reasonable use"; on the other hand，Game Live as a new type of entertainment，Promoting Bet365 lotto review the development of the cultural market，If you need a permission from a game developer every time you live broadcast，is not conducive to the development of the industry。For this，According to the "market correction goals with unqualified restrictions, you can achieve it through regulatory solutions such as statutory licenses or mandatory permits"，Legal licenses may be the best way to solve this problem。If necessary to use works，But rational use or other non -checked restrictions may be unfair to ignore the efforts of the copyright owner，The legal permit allows unauthorized public work，and provide a reasonable remuneration to the copyright owner。Current，China's copyright system provides legal licenses for several types of copyright use: including the use of works or works in compulsory education and national education planning textbooks、Reprinted、Excerpt article、Recording recording of the recorded music works、Play the published works，and the public to the public in the rural areas to provide free works related to helping the poverty and the works that meet the needs of basic cultural needs。

Legal permits provide fair compensation for game developers，At the same time, there will be no excessive restrictions on the free expression of anchor or player。More importantly，It effectively reduces the transaction cost of the game developer and the live broadcast party to authorize the license negotiations。Although the live broadcast platform operator may sign an agreement with some large game developers，But it is difficult for game anchors or other personal live broadcasts to negotiate with large game developers。When the end user downloads or records the video game released by the game developer on the Internet，If the end user accepts the user protocol of the game developer，Then the proposed legal Bet365 lotto review license plan will be automatically applicable。The license scheme will be awarded the right to transmit the content of the game to others or perform to the public through the online live broadcast platform，and stipulate that the live broadcast party has the obligation to pay the game developer appropriately in accordance with regulations。

According to the legal license mechanism，Live platform operator will pay to game developers。First，There are many number of game anchors，The transaction cost of the game developer from a single live broadcast will be too high。Next，Whether in e -sports live broadcast or personal live broadcast，Live platform operators benefit more than game anchors or players。other，The live broadcast screen of the game is fixed on the operator's live broadcast platform and transmitted through it，The status of platform operators is similar to the status of film producers to some extent，Because they control Bet365 lotto review the development of the live broadcast industry，And game anchors and players are more like actors or performers。Therefore，Compared with a single game player or anchor，Live broadcast platform operators are in a more favorable position in paying for compensation。Legal license rate for game live broadcast，You can set a income percentage for e -sports live broadcast and personal live broadcast，Including any form of subscription fee and advertising income related to specific game live broadcasts on Bet365 lotto review the game live broadcast platform。

In some cases, Bet365 lotto review the game live broadcast may damage the reputation of the live game，You can consider adding an withdrawal right to add an withdrawal right，Allow game developers to prohibit malicious live broadcast of their games，To protect their economic benefits。According to this scheme，The live broadcast platform operator must forward the notice to the live broadcast of the live broadcast window within three days after receiving the cancellation notice from the game developer。bet365 live casino games By allowing the live broadcast platform operator to participate and limit the behavior of the live broadcastor，Revisibility will further protect the interests of the copyright owner，and increase the degree of acceptance of game developers' acceptance mechanism for this legal license。

(Author Unit: School of International Business English, Guangdong University of Foreign Studies; School of Law of the Chinese University of Hong Kong)