Abstract: It remains a bottleneck how to identity work nature of a cybergame when judging a cybergame copyright infringement case in China. Common elements of a cybergame is summarized by classifying cybergames and analyzing components of different types of cybergames abstractly from the angles of design and development of cybergames. To solve problems encountered in practice, these common elements are studied theoretically on whether they belong to thought or expression. Creativeness of elements that belong to the latter is analyzed and judged. Then work nature of cybergames is analyzed. It is emphasized that merely creative expression could become a piece of work and be protected by copyright law.