With
the advent of the digital era, the online game market has been continuously
developing, and the market demands of video game streaming industry has also
expanded. The expansion of online game market has caused many legal problems,
among which the copyrights of the games has been gradually recognized by the
practical and theoretical circles. However, it is still in dispute whether the streamers’
use of the games should be an infringement or a reasonable use. Through the
analysis of game streaming, it is concluded that: streamers’ use of the games
conforms to the legal value requirements of fair use system, can constitute the
transformative use of game works under certain conditions, and has the
legitimate reason for reasonable use; the video game streaming and the game industry
form a mutually beneficial market model, and streamers’ behaviors rarely harm the
interests of the industry. On the contrary, the reasonable use of the game will
promote the healthy development of the game market. Therefore, streamers’ use
of the games should fall into the category of reasonable use system.