游戏运行画面著作权归属的类型化分析——以游戏玩家著作权的取得为视角
A Typological Analysis of the Attribution of Copyright in Game Running Screens—Taking the Acquisition of Game Player’s Copyright as a Perspective

随着网络直播产业的发展，游戏运行画面的著作权归属这一基本问题越来越需要准确答案。游戏玩家虽然难以单独对游戏画面享有著作权，但可以因其创作行为与游戏开发者共同享有著作权。判断游戏运行画面的著作权归属应当进行分类讨论，以“某一游戏是否为玩家的操作留下了个性表达空间”、“玩家操作某一游戏是否属于著作权法意义上的创作行为”两个因素为标准，分为“游戏为玩家预留了个性表达空间，玩家进行了创作”、“游戏没有为玩家预留个性表达空间，玩家没有进行创作”、“游戏为玩家预留了个性表达空间，玩家没有进行创作”、“游戏没有为玩家预留个性表达空间，玩家进行了创作”四种类型来确定游戏运行画面著作权的归属。而无论游戏开发者是否为玩家预留了个性化表达空间，玩家都能以其创作行为取得相应游戏运行画面的著作权。
With the development of the webcasting industry, there is a growing need for an accurate answer to the fundamental question of copyright ownership of game running graphics. Although it is difficult for a gamer to enjoy copyright on the game screen alone, he or she can enjoy copyright together with the game developer due to his or her creative behavior. The attribution of copyright in the running screen of a game should be categorized and discussed based on the two factors of “whether a certain game leaves room for the player’s personalized expression” and “whether the player’s operation of a certain game belongs to a creative act in the sense of the copyright law”. The four cases of “the game has not reserved space for the player to express his/her personality and the player has not created anything”, “the game has not reserved space for the player to express his/her personality and the player has not created anything”, and “the game has not reserved space for the player to express his/her personality and the player has not created anything”, are the four cases for determining the attribution of the copyright of the game’s running screen. Regardless of whether the game developer has reserved space for the player’s personalized expression, the player can obtain the copyright of the corresponding game running screen by his or her creative act.