In Copyright Protection Of The Character Of Works

The character of works, also named the artistic image of works, usually mean person, animal or robot of works which appear in movie, television, animation etc. The character of works also includes the purely imaginative person of the works described in language. It will violate the right and interest of the obligee that making use of a well-known character of works to promote the sale of merchandise and service or taking advantage of the popularity and influence of the character of works to create works is without the permission from the obligee of the character of works, which will cause the lawsuit of infringement.Consequently it turns into a academic and realistic problem that how people protect the obligee'right of the character of works and use the character of works reasonably. In the theory field and juridical practice of China and foreign country, there is difference between using the merchandising right and the right of publicity to protect the character of works. In spite of adopting which kind of protection modes there exist that the protection scope is limited and new law is needed to be made in China. On the basis of the existing law we advocate to protecting the character of works by making use of the copyright and other laws additionally, and form the comprehensive mode of the protection of the character of works.The article consists of five parts. In the first part the problem is put forward, then the present condition of Chinese and foreign research is reviewed and the research method and subject of the article is put forward. The second part introduces the character of the works, explains the type of use and obligee, the composing factor and the classification of the character of works. The third part discusses the justifiability of using copyright to protect the the character of works. The fourth part discusses the condition of using copyright to protect the the character of works.The fifth part discusses using copyright to protect the different type and composing factor of the character of works. In a word, because the character of works derives from works, it has creativity and can be protected by copyright. While we can't make use of the copyright to shield the character of works, we may use other laws to protect the character of works additionally. Then we can fully make use of existing law to set up a synthesized net of protecting the character of works.