Behind the merger of fighting fish and tiger teeth: the key to Tencent’s game authorization

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Original title: behind the merger of fighting fish and tiger teeth: the key to Tencent’s game authorization
The “scuffle” of the game live broadcasting industry for many years will usher in an important watershed because of the combination of fighting fish and tiger teeth. In the field of live game broadcasting, douyu and Huya have always been the top platforms. Tencent, the common copyright owner of the game live broadcasting company, is going to end the “fish tiger competition” pattern.
Betta tiger teeth marriage is coming, game live field will change? “For example, the biggest move of douyu Huya before going public was to accept the shares of Tencent. The reason why it accepted Tencent was to eliminate the potential copyright risks.” Chen Liqun, head of Tianyang culture media, MCN organization, told shell finance reporter of Beijing news that “copyright is of great importance to the live game industry. For the whole industry, respecting copyright is the basis for the healthy and orderly development of the industry.”
As a matter of fact, while more and more hosts’ live game pictures become the “famous scenes” in the eyes of the audience and get a large amount of traffic, there is a certain controversy about whether the copyright of live video and its derivative “works” belongs to the anchor, platform, MCN or game company. What kind of copyright issues exist in the live game? How does the power of copyright promote the game live broadcasting industry to usher in “changes”?
Game anchor: live game can’t bypass copyright
As a player in the live game industry who has transformed from a game anchor to a MCN operator, Chen Liqun believes that there is a mutually beneficial relationship among the host, MCN organization and game manufacturer in the game live broadcasting industry. At present, if a game wants to be popular, it can not do without the huge driving force of the live broadcast platform and game anchor. “The well-known game anchor PDD has hundreds of thousands of audience watching each live broadcast of relevant games. During the peak period, it can even reach about 2 million, and the peak period of Barrage is about 2000 per minute. This also means that the related games can reach millions of exposures in a short period of time. However, traditional game advertising and marketing methods can not achieve this kind of publicity effect in a short time. ”
Chen Liqun said that the live broadcast platform is like the property management Party of a shopping mall, providing convenience and services for MCN institutions and anchors. Most of the time, Chinese game manufacturers with “free value-added” as the core business model have a win-win relationship with the live broadcast platform. The live broadcast platform not only becomes a social place for players to share and communicate with each other. Its strong sense of substitution can not be compared with simply looking at the product appearance and simple text introduction. Through the vivid and comprehensive display and the introduction of the game anchor, the live broadcast platform enables the audience to have the first impression of the game and have a sense of immersive experience.
But on the other hand, shell financial reporters learned from a number of live broadcast industry practitioners that compared with the show live broadcast, which directly earns gift income in the form of singing, dancing or chatting, the cash flow ability of the game live broadcasting industry is slightly lower than that of the female anchor, and an unavoidable problem in the game live broadcasting industry is copyright.
In this regard, Chen Liqun told shell financial reporters that the vast majority of game hosts have not encountered copyright issues. “At the beginning of the birth of the game live broadcasting industry, due to the unstable income of some individual anchors, in order to attract the audience and increase the income, the live broadcast content was vulgarized. In the game live broadcast, they promoted their own Taobao stores, and some behaviors seriously damaged the game manufacturers, such as taking over training, buying and selling game gold coins, which would cause disputes between game manufacturers and platforms and anchors. But for most game manufacturers, they don’t have the energy to sue for infringement one by one, and the game manufacturers themselves also need the anchors to help publicize. The two sides are more interdependent. ”
But the copyright issue of “sword of Damocles” is still a shadow hanging on the head of game hosts.
In 2017, Netease sued a MCN organization for infringement of its game “dream journey to the west 2” live broadcast, and finally won the lawsuit. In February 2019, Tencent game released the announcement on the standardization of live broadcasting behavior, which includes “it is strictly forbidden to infringe on the copyright of game manufacturers and content creators, and damage the rights and interests of content creators or copyright owners in any way”.
“The announcement on the standardization of live broadcasting behavior has pushed the copyright issue of live game broadcast that most game hosts and MCN organizations have not paid close attention to before. We are both looking forward to and worried about this.” Chen Liqun said that game manufacturers and anchors are not a simple transmission relationship. It is necessary to clarify their respective rights and interests. Only in this way can we promote the progress of the industry. “If I want to really solve the problem, it still depends on the formation of a brand-new” industry standard “which is recognized by many parties
Game short video works copyright belongs to game developers?
“In 2020, with the successive listing of tiger teeth and fighting fish, the tentacle exit and the transformation of the war flag, the concentration of the game live broadcasting industry will be further strengthened, and the industry pattern of” two super and multi strong “will be established Guo Chengjie, director of consulting and research of iResearch, said, “from the perspective of anchor, Guangdong Provincial Higher People’s Court issued relevant guidelines to regulate unfair competition and anchor’s breach of contract job hopping, high penalty for breach of contract and suspension of broadcasting for breach of contract and other measures, which will continuously rationalize the platform competition. In terms of industry norms, the game industry, the judicial community and the academic community will make joint efforts to promote the development of the game The standardization of broadcasting copyright has made great breakthroughs in the promulgation of laws and regulations and the authorization cooperation. ”
According to the data provided by iResearch, the revenue from live broadcasting business in 2019 is still the most important source of income for independent live game platforms in China, accounting for 93.5% of the total revenue. According to the analysis of iResearch, with the start and rapid development of cloud games, live delivery and other new businesses of various platforms in 2020, the revenue sources of game live broadcasting platforms will become more diversified, and the proportion of revenue from live broadcasting services will gradually decline.
When talking to reporters about the future development, many MCN institutions also said that they would expand other businesses such as short video. “At present, we mainly focus on game anchors, in addition, we will receive some outsourcing business. In the future, we plan to develop short video and incubate some high-quality accounts.”

Guo Chengjie said that at present, the user groups of live game and social entertainment video are highly overlapped, and about 60% of the users of game and entertainment live broadcast are also short video users. On the live game platform and entertainment live platform, 77.3% and 62.6% users respectively watch the game and entertainment live broadcast content at the same time. Most platforms have both live and short video functions, forming a new user traffic ecology through the integration mode of live + short video.
The short video of live game still faces copyright problems, and even more problems.
On February 18, 2020, the Guangzhou Internet Court published a document on its official official account to disclose its first instance judgment on the case of Tencent suing a cultural company and an Internet company for infringing on the right of online dissemination of works information and unfair competition dispute. The court held that the overall picture of the game “King’s glory” constituted “similar electronic works”, and a cultural company disseminated the game short video of “King’s glory” It is necessary to stop the infringement and compensate Tencent for economic losses and reasonable expenses of 4.96 million yuan.
Cui Guobin, professor and doctoral supervisor of Tsinghua University Law School, told reporters that on the surface, the ownership of game pictures is a simple problem, but actually involves a more complex basic theoretical issue for copyright owners. The terms used in the copyright law of audio-visual works in China’s law are film works and similar film works, namely “similar electronic works”.
According to Article 4 of the regulations on the implementation of the copyright law of the people’s Republic of China, film works and similar electrical works are works that are filmed on a certain medium and consist of a series of pictures with or without accompanying sound, and are projected or transmitted by other means with the help of appropriate devices.
A legal officer of a popular game manufacturer told shell financial reporters that according to existing precedents, the basic consensus is that the copyright of the game’s continuous dynamic screen belongs to the game developer. “The Guangdong Provincial Higher People’s Court explained in the” trial guidelines on civil disputes over intellectual property rights of online games (Trial) “, that most of the current personal anchor live pictures only faithfully record the continuous dynamic pictures of the game formed by the host running the game, and the anchor only briefly introduces the game content following the game process, and the live video content at this time is continuously dynamic in the game The elements added and fused outside the content of the picture are too simple and lack of original expression, which can not constitute a new work. In addition, the copyright principle of film works related to copyright law belongs to producers, while game developers need to spend a lot of money, financial resources and intellectual labor to develop, and user operation behavior generally does not belong to creative behavior. Identifying the ownership of copyright to game developers can make the ownership stable and conducive to communication. ”
Judge’s thinking: live broadcasting platform should be authorized by game manufacturers
Some practitioners in the game live broadcasting industry told shell financial reporters that at present, there is a broad consensus that no matter how qualitative and how the ownership of rights is determined, the platform must be authorized by the game owner to obtain legitimacy. “For example, douyu, Huya, and station B all have shares of Tencent, and there are no problems with the glory of the broadcaster and the League of heroes. However, if other platforms want to broadcast and own them, they can obtain legitimacy Tencent copyright games more or less need to communicate in advance, otherwise it is easy to have disputes. ”
Shell financial reporter learned that in the case of Tencent v. a cultural company and an Internet company infringing on the right of information network dissemination of Wang’s glory works and unfair competition dispute disclosed by the Guangzhou Internet court, the defendant argued that the short video transmitted by him constituted a reasonable use of the play picture of the plaintiff’s “King’s glory”. The court held that the game users used the “King’s glory” purposefully The continuous picture of the game is uploaded to each short video platform for profit; the continuous picture of the game runs through most short videos, accounting for 70% – 80% of the total. The substantial part of the video exceeds the reasonable limit of proper quotation, and the defendant’s defense is not accepted.
“Players are more based on technical considerations in the operation of the game, and have no original contribution to the game screen, which is not a creation in the sense of copyright law.” On August 15, a staff member of the intellectual property court of a court who has tried a number of game related cases told reporters, “in the face of judgment on copyright issues related to live games, the judge’s judgment ideas tend to face three aspects: industrial law, market rule and social governance.” In terms of industrial laws, only property rights incentives can promote market transactions; in terms of market rules, the flow in the video field can be realized now, and the assessment of traffic damage compensation is the core; in addition, the judgment is not only a case, but also a social governance role to promote market health. “For example, I have encountered a dispute caused by a game contract that swipes false traffic. Since such a contract itself violates the social public order and good customs, no matter who the plaintiff or the defendant has to collect (the money involved),”
The staff suggested that the general principle for the use of game content for commercial purposes should follow the basic copyright rules of “authorization use”; while the live broadcast platform, as a “pure” network information dissemination / storage platform, should take corresponding measures in time after receiving the relevant infringement notice from the game owner to protect the legitimate rights and interests of the game obligee Take positive measures to control the copyright of the platform, and consider using technology to filter the infringing content in the platform. “If not authorized, the online content sharing service provider shall be responsible for unauthorized dissemination (including the provision to the public) of copyrighted works and other content to the public.”
Whether you admit it or not, copyright is affecting the future of the game live industry. Behind the tiger teeth and fighting fish is the shadow of Tencent, the copyright owner. The coincidence is that Kwai Kai’s potential biggest competitor, B station and fast runner, has Tencent’s capital injection behind it. It can be said that in the game live broadcasting industry, those who get copyright get the world. ” Some live game practitioners said so.
Luo Yidan, shell financial reporter of Beijing News