论文部分内容阅读
近年来,网络游戏的著作权保护在司法实践中一直存有争议,《奇迹MU》案中,上海浦东新区法院做出国内首次将网络游戏整体画面认定为“类电影作品”的判决,提高了游戏作品的著作权保护强度,但具体认定条件和方法依旧模糊。将游戏整体画面视为类电影作品的合理之处在于其具备电影作品特性——以动态连续的画面构成一定情感表达,这也是区分可以给予类电影作品保护的游戏作品的核心要件。不同游戏因开发目的、包含的情节所占比例不同,从而具备相应受到类电影作品保护的可能性。
In recent years, the copyright protection of online games has been controversial in judicial practice. In the case of “Miracle MU”, the court in Shanghai Pudong New District made the first judgment that the overall picture of online games was classified as “movie-like work” in China and was raised The copyright protection of the game works, but the specific conditions and methods are still vague. It is reasonable to regard the overall picture of a game as a movie-like work in that it possesses the characteristics of a movie work - forming a certain emotional expression with a dynamic and continuous picture, which is also a core requirement for distinguishing the game works that can be protected from the movie-like work. Different games due to development purposes, the plot contains a different proportion, which have the appropriate protection by the type of film works the possibility.