Study On The Protection Of Derivative Work Using Information Technology

A derivative work is a work created by altering an original work as well as a derivative work in new form(“New Derivative Work”).Based on its creative nature,whether it is motivated from imitation,admiration,opinion expressed,parody,kuso or satire,New Derivative Works are easily targeted as something to eliminate by the owners of copyrighted original works.However,to realize the goal of “facilitating nation's culture development” under Copyright Law,to balance all parties' interests,and to protect creativity of authors,it is necessary to learn from experience set forth in international regulations and to adopt aspects of both Civil Law and Common Law to construct the legal basis of New Derivative Works.This article has six sessions.Session 1 starts with a discussion of definitions and characteristics of alternating rights and then introduces such right's limitation and competition;Session 2 starts with a discussion of definitions and characteristics of a traditional derivative work,analysis of relevant provisions in international treaties and regulations in different countries,and then introduces different types of derivative works;Session 3 starts with a discussion of definitions and characteristics of a New Derivative Work,analysis of relevant provisions in international treaties and regulations in different countries,and then introduces different types of New Derivative Works,parody,satire,kuso,appropriate art,fans art and redesign;Session 4 states the possible solution of tort infringement-fair use doctrine;Session 5 analyzes current applications of legal theory towards all types of New Derivative Works and Session 6 states a conclusion.