IDEAS home Printed from https://ideas.repec.org/a/eee/teinso/v71y2022ics0160791x22002640.html
   My bibliography  Save this article

Copyright protection of live esports broadcast under China's new Copyright Law

Author

Listed:
  • Gong, Tao
  • Fan, Zhenni
  • Popovic, Stevo
  • Agudamu,
  • Wang, Guangxing

Abstract

Due to the explosive growth of esports competition and the emergence of a new esports industry, live esports broadcast has highlighted regulatory gaps, and the implementation of China's new Copyright Law (2020 Amendment) has partially compensated for those gaps. According to the new Copyright Law, live esports broadcast and the corresponding original game picture may be classified as audiovisual works, whereas the properties of works containing player-operated picture may be denied. The purpose of this opinion paper is to propose and clarify preliminary legal questions regarding copyrightable original game picture, player-operated picture, fair use, performer's rights, and protection models under the new Copyright Law. Based on our statutory interpretations of the new Copyright Law, it is suggested that: if classified as fair use, use of the original game picture in a live esports broadcast would harm the game developer's legitimate interests, and should not be considered fair use; and, esports players do not qualify for performer's rights because their work does not convey the game's aesthetics. When infringements such as pirated broadcasting and unlawful production of live esports broadcasts occur, applicable rights-holders such as game developers, event organizers, and live streaming platforms could pursue remedies under the new Copyright Law.

Suggested Citation

  • Gong, Tao & Fan, Zhenni & Popovic, Stevo & Agudamu, & Wang, Guangxing, 2022. "Copyright protection of live esports broadcast under China's new Copyright Law," Technology in Society, Elsevier, vol. 71(C).
    • Handle: RePEc:eee:teinso:v:71:y:2022:i:c:s0160791x22002640
    DOI: 10.1016/j.techsoc.2022.102123
    as

    Download full text from publisher

    File URL: http://www.sciencedirect.com/science/article/pii/S0160791X22002640
    Download Restriction: Full text for ScienceDirect subscribers only
    File URL: https://libkey.io/10.1016/j.techsoc.2022.102123?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Inhyeok Jeong & Kento Nakagawa & Rieko Osu & Kazuyuki Kanosue, 2022. "Difference in gaze control ability between low and high skill players of a real-time strategy game in esports," PLOS ONE, Public Library of Science, vol. 17(3), pages 1-17, March.
    2. Kim, Jihye & Kim, Minseong, 2020. "Spectator e-sport and well-being through live streaming services," Technology in Society, Elsevier, vol. 63(C).
    3. José Manuel Saiz-Alvarez & Jesús Manuel Palma-Ruiz & Herik Germán Valles-Baca & Luis Alberto Fierro-Ramírez, 2021. "Knowledge Management in the Esports Industry: Sustainability, Continuity, and Achievement of Competitive Results," Sustainability, MDPI, vol. 13(19), pages 1-20, September.
    4. Cao, Qing, 2014. "Insight into weak enforcement of intellectual property rights in China," Technology in Society, Elsevier, vol. 38(C), pages 40-47.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Yi He & Lidong Chen & Jingjing Mu & Azmat Ullah, 2024. "Optimal contract design for live streaming shopping in a manufacturer–retailer–streamer supply chain," Electronic Commerce Research, Springer, vol. 24(2), pages 1071-1093, June.
    2. Allal-Chérif, Oihab & Guaita-Martínez, José Manuel & Montesinos Sansaloni, Eduard, 2024. "Sustainable esports entrepreneurs in emerging countries: Audacity, resourcefulness, innovation, transmission, and resilience in adversity," Journal of Business Research, Elsevier, vol. 171(C).
    3. Christopher Cunningham & Sel Dibooglu, 2020. "Engines of Growth in China: The Limits of Informal Institutions," Journal of Economic Issues, Taylor & Francis Journals, vol. 54(1), pages 252-275, January.
    4. Chen, Wantao & Yu, Xiang & Yang, Wei, 2024. "Is worldwide patent protection converging? A cross-country index of patent protection strength 1990–2020," Technology in Society, Elsevier, vol. 76(C).
    5. Xu Sun & Xiaosong Zhou & Qingfeng Wang & Pinyan Tang & Effie Lai-Chong Law & Sue Cobb, 2021. "Understanding attitudes towards intellectual property from the perspective of design professionals," Electronic Commerce Research, Springer, vol. 21(2), pages 521-543, June.
    6. Liu, Haoyu & Chung, Leanne & Tan, Kim Hua & Peng, Bo, 2024. "I want to view it my way! How viewer engagement shapes the value co-creation on sports live streaming platform," Journal of Business Research, Elsevier, vol. 170(C).
    7. Huang, Yi-Chun & Chen, Chih Ta, 2022. "Exploring institutional pressures, firm green slack, green product innovation and green new product success: Evidence from Taiwan's high-tech industries," Technological Forecasting and Social Change, Elsevier, vol. 174(C).
    8. Kim, Minseong, 2021. "Does playing a video game really result in improvements in psychological well-being in the era of COVID-19?," Journal of Retailing and Consumer Services, Elsevier, vol. 61(C).
    9. Kim, Minseong, 2021. "Conceptualization of e-servicescapes in the fitness applications and wearable devices context: Multi-dimensions, consumer satisfaction, and behavioral intention," Journal of Retailing and Consumer Services, Elsevier, vol. 61(C).
    10. Kim, Minseong & Kim, Hyung-Min, 2022. "What online game spectators want from their twitch streamers: Flow and well-being perspectives," Journal of Retailing and Consumer Services, Elsevier, vol. 66(C).
    11. Chao Wang & Zhigang Wang, 2023. "Influence of Customer Knowledge Management on Mobile Fitness Application Customer Value Cocreation Through Flow Experience and Customer Involvement," SAGE Open, , vol. 13(4), pages 21582440231, December.
    12. Zhang, Ya-Feng & Li, Li-Ming & Xu, Ke, 2022. "Do specialized intellectual property courts show a pro-patent propensity? Evidence from China," International Review of Law and Economics, Elsevier, vol. 70(C).
    13. Francis Mulu & Dominic Chungo, 2023. "Emotions in Negotiation and Mediation: Strategies for Managing Emotional Dynamics," International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 7(5), pages 1732-1741, May.
    14. Mahiah Said & Ammar Azfar Azli & Shahnaz Shafiza Sabri, 2023. "Investigating the Factors Influencing Students’ Acceptance of Esports as a Career Choice," Information Management and Business Review, AMH International, vol. 15(2), pages 109-115.
    15. Hsing-Chieh Huang & Peng-Yeh Lee & Yu-Chih Lo & I-Shen Chen & Chin-Hsien Hsu, 2021. "A Study on the Perceived Positive Coaching Leadership, Sports Enthusiasm, and Happiness of Boxing Athletes," Sustainability, MDPI, vol. 13(13), pages 1-19, June.
    16. Kim, Minseong, 2022. "How can I Be as attractive as a Fitness YouTuber in the era of COVID-19? The impact of digital attributes on flow experience, satisfaction, and behavioral intention," Journal of Retailing and Consumer Services, Elsevier, vol. 64(C).
    17. Chaoyu Yin & Yihan Huang & Daehwan Kim & Kyungun Kim, 2023. "The Effect of Esports Content Attributes on Viewing Flow and Well-Being: A Focus on the Moderating Effect of Esports Involvement," Sustainability, MDPI, vol. 15(16), pages 1-22, August.
    18. Qingfeng Wang & Xu Sun, 2019. "Exploring Chinese Design Business Owners’ Attitudes Towards Intellectual Property Rights," International Journal of Innovation Management (ijim), World Scientific Publishing Co. Pte. Ltd., vol. 23(06), pages 1-24, August.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eee:teinso:v:71:y:2022:i:c:s0160791x22002640. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catherine Liu (email available below). General contact details of provider: https://www.journals.elsevier.com/technology-in-society .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.