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Yang Qiu

Abstract

New technology always bring challenges to Chinese legislation. In recent years, based on technological development of network transmission, video game streaming platforms like “Twitch.tv” have made “big” money. The problem, however, is that the streaming content on those platforms involve copyrightable video games, which infringe game publishers’ copyright, if the streaming platform lacks authorization. And only a few of the streaming platforms and streamers have licenses from game publishers. Nowadays, most game publishers allow streaming to exist because they view the streaming as free advertisement for their games. By making these allowances, the game publishers stay in their fans’ good graces. But what if they change their mind? Once game publishers shut down the video game streaming, streaming platforms could be left without content and professional streamers could be left without a livelihood. This is not the ideal situation for a growing business. This article provides an amendment to Chinese copyright law, which would create a compulsory license that allows video game players to stream games by paying remuneration to copyright owners. This article argues that fair use and safe harbor will not help the video game streaming industry, whereas a compulsory license could be a potential legislative solution based on Chinese foundation. This proposal absorbs the right of cancellation and elements of the U.S. implied license doctrine, consisting of four key elements: (1) when the compulsory license applies; (2) the opting out of the compulsory license; (3) the right of cancellation; and (4) remuneration, which prevents abuse from streamers and helps copyright owners as they attempt to enforce their rights.

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