Literature Imitation Copyright Infringement Research

All lives have the nature of imitation and literary imitate also has a long history. During the historical development of intelligence, literature imitation has been developed one of the inevitable way which be widely recognized by the society. such as, fan fiction、continue to write、parody. With the development of economy and society and the coming of the era of the great explosion of the information, there may appear a new form that has a different pattern of manifestation and bearing media. Literary creation as the oldest objects of Intellectual Property Rights, the study of literature imitation will provide some suggest lessons for other problems. In order to protect the lawful rights and interests of the copyright owner, Our current copyright law which make the rights and obligations equivalence in order to search for balance respective interests.We need to recognize the position of works have new means, give appropriate recognition to reference creative elements. But reference creative elements should be restricted to fair use—reference thought. If the reference creative element of successive works belongs to the scope of copyright law protection, that action will have suspension of infringement. In other words, the works do not reference thought but expression. How to define the thought and expression has a great uncertainty.The author will analysis the limits, discuss how to affirm literature imitation and fair use. This is divided into four parts:The first part will introduce the case and relevant examples, analysis result and present the focal dispute point of the case.The second part analysis the scope of copyright law protection, the constitutive requirements and basic form of literature imitation, present related problems.The third part will combine the practical case to analyses the standard of literature imitation Copyright Infringement, and consider that the infringement is established. Through comparison method to analysis copyright infringement and fair use of literature imitation.The fourth part put forward a perfect suggestion to the current Copyright law of our country. Such as, careful legislation, provide the exact standard for the judicial and the executive organization, perfect the recognized standard of Copyright fair use.