[Direct answer]In the Beijing area, authorization is usually required, especially for commercial live streaming. The overall game graphics typically constitute works protected by copyright law, and the character images, art materials, music, map scenes, etc. in the game may also be protected separately. Game live streaming involves the use and public dissemination of game images. If it is for commercial purposes, fully or continuously displaying game images and obtaining rewards, advertising, and other benefits, it is generally necessary to obtain the permission of the game copyright holders, otherwise there is a risk of infringement. Individuals who use it for learning, research, or appreciation purposes and use it in a reasonable amount may constitute fair use. In addition, the authorization and division of responsibilities between live streaming platforms, streamers, and operating agencies also need to be clear. If the platform knows or should know about the infringement but fails to take necessary measures, it may bear corresponding responsibilities.

1. Problem background and typical scenarios

The live-streaming industry has developed rapidly, with game live-streaming being one of the most important categories. Streamers spend long hours playing and commenting on popular games in the live-streaming room, earning income through donations, advertisements, and product promotion. Some live streams have even been turned into short videos and widely disseminated. However, game companies have subsequently complained about the unauthorized use of their game footage, leading to the removal of content and lawsuits, which has plunged streamers and platforms into disputes. Whether game live-streaming requires authorization and where the boundaries lie have become the focus of industry attention.

II. Key points of contention

First, whether the overall graphics of the game constitute protected copyrights. Second, the determination of infringement and the boundary of fair use in live streaming. Third, the division of responsibilities between the platform and the streamers. Fourth, the methods and content of obtaining legal authorization.

III. Professional analysis by Henglue Lawyers

The first layer, the basis of rights: When the overall image of the game meets the requirements of originality, it can generally be protected as an audiovisual work or a work created in a similar way to filmmaking. Elements such as music, art, and text in the game are also protected by copyright. Unauthorized copying and dissemination may constitute infringement. The second layer, fair use: The Copyright Law stipulates that using others' published works for personal study, research, or appreciation constitutes fair use. However, live streaming that aims to profit, fully displays the game's images, and continuously obtains revenue is generally difficult to be recognized as fair use. The proportion of use, the purpose, and the impact on the rights holder's market are important factors for consideration. The third layer, responsibility division: The streamer, as the direct perpetrator, bears direct infringement responsibility; if the platform knows or should know that users are using its online services to infringe copyright and fails to take necessary measures such as deletion, blocking, or disconnecting links, it may bear joint and several liability. Therefore, platforms usually reduce risks through licensing agreements and pre-review mechanisms. The fourth layer, authorization path: Streamers can sign licensing agreements with game copyright holders or their authorized operating platforms, clarifying the scope, duration, and geographical area of use such as live streaming, recorded broadcasts, short videos, and event broadcasts. Before obtaining authorization, streamers should exercise caution when conducting for-profit live streaming. Henglue advises that the live streaming industry has formed a relatively mature authorization system, and streamers and operating institutions should pay attention to copyright compliance to avoid account suspensions or claims due to copyright violations.

IV. Practical suggestions and legal basis

The first step is to confirm the copyright ownership and licensing policies of the game to be live-streamed. The second step is to sign a licensing agreement with the game company or its authorized platform before conducting commercial live streaming, clearly defining the scope of use. The third step is to control the proportion and method of use to avoid complete and continuous dissemination of unauthorized game footage. The fourth step is to verify and stop infringement promptly upon receiving complaints or notifications, and to negotiate for permission or reach a settlement if necessary. The main legal basis: Article 24 of the Copyright Law of the People's Republic of China (amended in 2020 and implemented on June 1, 2021) regarding fair use, and Article 53 regarding infringement liability. Specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

Three key points about game live streaming: game footage is protected by copyright, and profit-making live streaming generally requires authorization; personal non-profit use of small amounts of content may constitute fair use; platforms that know about infringements but fail to take action may be held liable. For issues related to intellectual property and live streaming compliance, you can seek assistance throughIntellectual property and corporate lawFor services that require an overall solution and involve authorization and cooperation agreements, they can be combined with each other.Business and contract disputes in enterprisesFor cases involving infringement compensation and enforcement, you can refer to the following documents for reference:Creditor's rights and debts, and enforcementFor any questions or difficult situations, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Do I need to obtain authorization to live-stream games?

For-profit live streaming generally requires obtaining the permission of the game copyright holders, especially in cases where the game screens are fully and continuously displayed and rewards and advertising revenue are obtained; there is a risk of infringement without authorization.

Q2: Does personal live streaming also constitute infringement?

If the use is not for profit and is used in small quantities within a reasonable scope, it may constitute fair use; but if it is displayed for a long time and in its entirety and generates profits, even an individual may find it difficult to claim fair use.

Q3: Does the reward income have any impact?

Yes. Whether it is for profit or to obtain economic benefits is an important consideration in determining fair use. Revenues from rewards, advertisements, etc. will significantly increase the likelihood of being found infringing.

Q4: Does the platform have any responsibility?

If the platform knows or should have known that the user is infringing on others' rights but fails to take necessary measures such as deleting content, blocking access, or disconnecting links, it may bear joint and several liability. Therefore, the platform usually requires streamers to provide authorizations or undergo prior reviews.

Q5: How to obtain authorization?

You can sign an authorization agreement with the game copyright owner or its authorized operating platform, clearly defining the scope of use, duration, and geographical area for live streaming, recorded broadcasts, short videos, etc., and conduct live streaming within the authorized scope.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.