Research on the Fair Use of Copyright in Online Game Livestreaming
[Purposes]Whether the act of online game livestreaming without the permission of the right holder constitutes fair use is still a big controversy,and the determination of its standard is conducive to balancing the interests of all market players and achieving the optimal use of resources.[Methods]Fair use in different types of game livestreaming is judged by the"four-factor"test and the general provisions of Article 24 of China's Copyright Law.[Findings]In cases where the exhaustive list of limitations in the Copyright Law does not meet the needs of reality,the courts,when necessary,make determinations based on the relevant factors in the"four-factor"test.[Conclusions]Among them,the judgement of"transfor-mative use"and the definition of"live game market"are particularly critical,and the argument is supple-mented by legal economics theory and antitrust perspective.
online game livestreamingfair usetransformative usegame livestreaming markets
NETL
NSTL
万方数据
维普
