| VIP會員 | 登錄 | 注冊

軟件著作權登記

軟著後續申請

作品著作權登記

作品著作權後續申請

国内商标注冊

国际商标注冊

商標疑難

商標變更

專利申請

專利權利維持

資質認證

ISO體系認證

科技服務

公司新聞

知識産權法官：遊戲玩家不能構成表演者，不享有著作權

來源：站長之家 ??? 日期：2020-05-09

廣東省高級人民法院知識産權審判庭庭長助理陳中山認爲，“大多數主流遊戲預留給玩家探索的自由度都比較低，玩家難以形成獨創性表達，基于現行的《著作權法》，遊戲玩家不能構成表演者，不享有表演者權。”對于網絡遊戲的知識産權糾紛判定，法官們並沒有太多成熟的經驗可遵循。法學學者們對此也沒有完全達成一致。

就直播中的遊戲玩家是不是有表演者權，華東政法大學教授叢立先呼應了陳中山法官的看法。他認爲，遊戲主播若構成表演者，不僅需要獲得遊戲著作權人的許可，還需要獲得屏幕上出現的所有任務背後操作玩家的許可，因爲遊戲畫面不是單一玩家操作完成的。因此，認定玩家享有表演權不具有實際可操作性。

北京大學教授劉銀良則認爲，網絡遊戲玩家在法律定位上，有可能構成作者，也有可能構成表演者。他舉的例子是“我的世界”等沙盒遊戲，這類遊戲中，遊戲著作權人只提供了創作元素，而玩家自由發揮的空間非常大，玩家有可能構成作者。

大型的遊戲往往規則明確，留給玩家自由創作的空間並不大。比如在網易、騰訊等網絡遊戲大廠的産品《夢幻西遊》、《王者榮耀》中，玩家能做的，更多是按照遊戲廠商預設好的戰鬥規則操作，沒有過多的自由發揮空間。

這也是爲什麽，在實際的判例中，遊戲著作權人，也就是遊戲企業的權利往往更能得到《著作權法》的保障。

《游戏直播行业白皮书》显示， 2018 年中国游戏直播平台市场规模达到131. 9 亿元，预计 2020 年规模将达 250 亿元。

遊戲版權

當遊戲遇上直播，著作權法如何應對？

如何保护互动影视类遊戲版權？

業界呼籲加強遊戲行業版權保護

2024年商標異議及評審十大典型案例

2025年全國知識産權宣傳周活動主題海報

2025年高新技術企業認定申報提早規劃

2024年全國知識産權服務業統計調查報告

國知局發布了專利商標代理委托合同示範文本

關于專利證書改版的公告

2024年世界知識産權日：立足創新創造，構建共同未來

關于中國商標網及網上服務系統暫停服務的通知

關于調整軟件版權登記證書事項的通告

軟件版權電子申請常見問題解答

"There's another river like it in the Pacific Ocean," Frank explained; "it is called the Japan Current, because it flows close to the coast of Japan. It goes through Behring Strait into the Arctic Ocean, and then it comes south by the coast of Greenland, and down by Newfoundland. That's what brings the icebergs south in the Atlantic, and puts them in the way of the steamers between New York and Liverpool. To be free and to rule over freemen were, with Socrates, as with every Athenian, the goals of ambition, only his freedom meant absolute immunity from the control of passion or habit; government meant superior knowledge, and government of freemen meant the power of producing intellectual conviction. In his eyes, the possessor of any art was, so far, a ruler, and the only true ruler, being obeyed under severe penalties by all who stood in need of his skill. But the royal art which he himself exercised, without expressly laying claim to it, was that which assigns its proper sphere to every other art, and provides each individual with the employment which his peculiar faculties demand. This is Athenian liberty and Athenian imperialism carried into education, but so idealised and purified that they can hardly be recognised at first sight. The idea of such a provisional code seems to have originated with Zeno;61 but the form under which we now know it is28 the result of at least two successive revisions. The first and most important is due to Panaetius, a Stoic philosopher of the second century B.C., on whose views the study of Plato and Aristotle exercised a considerable influence. A work of this teacher on the Duties of Man furnished Cicero with the materials for his celebrated De Officiis, under which form its lessons have passed into the educational literature of modern Europe. The Latin treatise is written in a somewhat frigid and uninteresting style, whether through the fault of Cicero or of his guide we cannot tell. The principles laid down are excellent, but there is no vital bond of union holding them together. We can hardly imagine that the author’s son, for whom the work was originally designed, or anyone else since his time, felt himself much benefited by its perusal. Taken, however, as a register of the height reached by ordinary educated sentiment under the influence of speculative ideas, and of the limits imposed by it in turn on their vagaries, after four centuries of continual interaction, the De Officiis presents us with very satisfactory results. The old quadripartite division of the virtues is reproduced; but each is treated in a large and liberal spirit, marking an immense advance on Aristotle’s definitions, wherever the two can be compared. Wisdom is identified with the investigation of truth; and there is a caution against believing on insufficient evidence, which advantageously contrasts with what were soon to be the lessons of theology on the same subject. The other great intellectual duty inculcated is to refrain from wasting our energies on difficult and useless enquiries.62 This injunction has been taken up and very impressively repeated by some philosophers in our own time; but in the mouth of Cicero it probably involved much greater restrictions on the study of science than they would be disposed to admit. And the limits now prescribed to speculation by Positivism will perhaps seem not less injudicious,29 when viewed in the light of future discoveries, than those fixed by the ancient moralists seem to us who know what would have been lost had they always been treated with respect. written below. But just as I was turning to the end to read the “Oh, never mind Jeff. Let’s go!” Sandy braced himself. She showed no especial repugnance at the idea, but refused flatly, nevertheless. "I can't do that," she said, dropping down into the hammock and swinging herself with the tip of her foot on the floor. "Right up there to the left o' them tall hickories," answered Silas, pointing with his bloody hand. "To the right o' that battery, you see there. That's our bully old battery at work. Greatest battery in the army. I've kept my eye on the place, because I want to git back as soon's I kin find the Surgeon. Ain't much left o' the regiment, or battery either, for that matter; but they're raisin' hell with the Johnnies every time, and don't you forgit it. Capt. McGillicuddy's in command." "Naah," said Shorty weariedly. "Nearly dead for something. Awful stoopid layin' around up there among them hayseeds, doin' nothin'. Jest run down to Jeffersonville to see if I couldn't strike something that'd some life in it." The master beckoned through the open door of Cadnan's working-room, and two more masters appeared, strange ones, leading between them an elder. The elder, Cadnan saw at once, had lived through many matings: the green skin of his arms was turning to silver, and his eye was no longer bright, but dulling fast with age. He looked at the working-room and at the young Albert with blank caution. HoME 一级做人爱c视版免费sENTER NUMBET 002jnwk.com.cn
www.jxegjfxw.cn
frpdl.cn
www.cherish888.com.cn
mz9898.cn
cacpr.org.cn
citylife.net.cn
www.tianxily.com.cn
dylin.cn
amktrade.cn