On The Virtual Role Of Legal Protection

As far as works is concerned, fictional character is an edge question. In recent years, people pay more attention to fictional character with the rapid development of culture. In the background of fierce competition of market-oriented economy, fictional character is widely used in the field of literature creation and commerce, then tort happens.Fictional character can't produce economic benefits by itself. The fictional character with popularity and public attraction can become the object, which the subjects of commerce try their best to use. But not all of use of fictional character is reasonable. Some subjects of commerce use the creation, but don't want to pay rewards to the author. The benefits of the subject suffer damage while the current law can't provide effective protection. The author works hard with unreasonable rewards, which obviously break the fair rule of civil law.Trademark Law, Anti-Unfair Competition Law and Copyright Law can provide protect fictional character according to their rule. But all the protects are not fully. One base of the right which protect fictional character is merchandising right. Merchandising right is a general concept, it can be divided two parts according to the subject and character. The two parts are the publicity right and merchandising right of fictional character, and the object of protecting is real image and fictional character. But it is a hard question of arrangement of legal system if the merchandising right becomes one part of current law. America has a relative complete system to protect fictional character by Trademark Law. So we can protect fictional character by learning practice of America to some extent.