Investigation On The Problems Of Intellectual Property Of Fan Work

Fan work is a kind of new work which is becoming more and more popular withthe prevalence of internet. Proper fan work，originating in Japan，has a large numberof adherents in many countries，such as America and China.A majority of fan workshave no authorization from the original authors，so there will be many conflictsbetween fan works and original ones when the former are being transmited.On thebasis of the classifies of fan work and separating it from other related concepts，this article will analyse how to resolve the conflicts of intellectual propertyrights between fan work and original work.The conflicts of intellectual property rights between fan work and originalwork can be divided into the following three aspects：1、The conflicts of copyrightbetween them；2、The conflicts of trademark right between them；3、The conflictsof merchandising right between them. This article will estimate whether fan workconstitute infringement under the analysis of the above three aspects.If the answeris yes，then the following work is to find out the answers of the two questions：which rights of original work does fan work violate？How to provide legalprotections for original work？At the same time，the authors of fan works and theirfanciers use the fair use system to defense.And they claim that the Copyright Lawdoesn’t provide legal protections for the role itself. This part of the articlewill solve whether the two deraignments are reasonable and if Intellectual Property Law should support the creation and transmition of fan work in some cases.Finally，we should use reasonable manners，such as Creative Commons,tocoordinate the relationship between fan work and original work.On the one hand，the original author supervise fan works effectively with abandoning partial rights.On the other hand，under the premise of complying with the agreement，the authorof fan work can get more free than under the permission of commercializationresources he will get.Therefore，whether fan work or original work will betransmited as widely as they can.