Study On The Copyright Of Continuous Writing

With the development of network literature, disputes caused by continuous writingincrease, such as《change of stars adder》continue《schange of stars》、《after the siege》continues 《the siege》, which result in more academic attention. However, whether intheory or in practice, there is not a unified standard on continuous writing. What is itscharacterization, whether belongs to infringement has different answers. Some peoplebelieve that continuous writing is plagiarism, some believe that it violates the integrityof the works of the original author, some think that it should not constitute infringementthrough anti-unfair competition law to regulate, and some think that it violates rightsof virtual character image, whether continuous writing constitutes fair use also havedifferent point of views. But anyway, we all realize that not all continuous writings arereasonable, continuous writings will have a significant impact to the benefit of originalauthor. Therefore, the research and discussion on the problem of continuous writing isof important theoretical significance on the solution of the dispute.This article is divided into four chapters: Chapter one,raising questions throughintroducing related cases at home and abroad, analyzing common arguments of cases:infringement possibility of continuous writing,and negative effects that it may produce.Chapter two, in order to make the research more targeted, intension and extension ofthe continuous writings must be made a definition, firstly to distinguishes betweencontinuous writing, imitation and rewrite this three acts, then to discuss the categoryand the main characteristics of continuous writing, to recognize that continuous writingalthough is dependent on the original works,but as long as it meets the requirements of the original is a independent work. The third Chapter is the analysis of infringementproblem of continuous writing through personal rights and property rights on copyrightlaw, the fair use system and anti-unfair competition law and the protection of a virtualcharacter. Although the above system can play a role of constraints on continuouswriting from a different level, but still can not completely eliminate the negativeinfluence of it. Chapter four, through the perspective of benefit analysis and weighing,in order to achieve the balance of benefit between the original author, continuouswriter,and the public, this paper puts forward a diea of constructing continuous writingright system. Firstly distinguish between continuous writing of plot completelyindependent and continuous writing that links on the plot, on this foundation, toconstruct the right and the priority right of continuous writing on unfinished works andfinished works. The copyright granted ba copyright law, is not to give the originalauthor an absolute monopoly position, it is intended to protect the interests of originalauthor in utmost, at the same time, to encourage the creation and spreading of works.