Anime Virtual Image Protection Problem Research

In recent years, china’s cartoon industry is booming, known as the“sunrise industry in the21stcentury”. At the same time, Chinese cartoonbusiness development, animation market face a lot of problem, such as piracy,abusive registration of trademarks, animation derivatives flooding. Someunscrupulous businessmen use the cartoon images on their products andservices without the permission of the cartoon image’s owner. Thisbehavior infringes the commercial interests of the owner and disrupts ourcountry healthy and orderly market environment.Since the reform and opening up, the study of commercial use of cartoonimages from the theoretical circles and practice never stopped. There area lot of theoretical achievements: set up a separated “MerchandisingRight” to regulate Chinese animation derivatives market. This theory hasplayed a role to enrich image protection method, but it still has manyshortcomings: such as the cost of legislation is too high and lowfeasibility. The national judicial practice protected it as part of thework.This attitude is not clear and bring in some theoretical and logicaldifficulties of protect the name of cartoon image. Therefore, it isnecessary to clear the cartoon image’s work identity. I think that toexpand and improve the “copyright law” and “anti-unfair competitionlaw” is sufficient to ensure that the business marketing mode to run inthe track of the rule of law.The article is divided into three parts: lead, body and conclusion.Among them, the body part including the following four chapters:In the first chapter, I detailed analysis animation related concepts,and points out that the nature of the cartoon is works of art. And thenmakes a brief analysis on the present situation of the animation industrypointed out the problems that China’s cartoon industry faced. Protectionof the cartoon figures was the biggest problem our animation industry mustface. Chinese judicial practices of cartoon image protection method havemany weaknesses. it is necessary to clear the cartoon image’s workidentity.In the second chapter, two big problems of the commercial use of cartoonimage have been analyzed: first of all, analysis the relationship betweencartoon image and works, and points out that the cartoon image have doubleidentity as parts of cartoon art works and also as independent works;Secondly, analysis whether it is to introduce “Character MerchandisingRight”, and points out that the Character Merchandising Rights’ feasibility too low and cost too high, so our country is not suitable tointroducing the Character Merchandising Rights.In the third chapter, analysis several common anime infringementproblems, such as replicate cartoon figures, deformation use cartoonfigures, deduce cartoon image and use cartoon image names, and put forwardcorresponding regulation methods.In the fourth chapter, analysis the current intellectual propertyrights framework, pointed out the advantages and disadvantages of thecopyright law protection mode, trademark law protection mode andanti-unfair competition law protection mode, puts forward legislativesuggestions.