Rearch On The Copyright Of The Fan Works In China

With the rapid development of digital technology and network, fan works is spring up widely in the internet world. But with the popularity and prosperity of the fan works, arise more and more doubts about the legitimacy of it,especially the problen of copyright of the fan works.The second part in this paper will describe fan works’s survival present situation in our country in detail, points out the problems behind the prosperous of fan works’market in China, and points out that because of the lack of clear definition and detailed specification of fan works in our current laws, the creation of fan works is wandering in the edge of the legal and illegal, and when itself was infringed,it is unable to protect their own rights and interests through legal channels.We have two problems in the copyright of fan works:the disputes between the fan works and the other works which is transformative used by the fan works author;as well as the fan works can be protected by the copyright law or not.According to these two problems,the third part reference to the equality ideology of copyright and expression rights innovatively,regard fan works as the original product which come from its creators exercise their expression right freely, of course the author has its copyright.And therefore that is mean the fan works is equal to the works which is transformative used some elements by the fan works writer,they should create the fan works without the permissiom.Try to solve the two problems in the legal basis. And also in the third part,discusses from the background of the promote cultural development in our country,point out that behind the fan works’ development is the rise of a new era of public participation in culture.Try to make the optimal choice in the new situation.When we review the history of the development of copyright law,we can find that it is in order to balance the benefits of the copyright owner’s exclusive rights and the negative impact it brings.So,when the balance is broken now,the creativity is suppressed, change the law should be the best choice.At least in the transitional period,we shall continue the balance of the copyright’s protection in the law and the creativity, That is the way to ensure the best interests of the public.Therefore the fourth part of this paper will try to solve the relevant provisions of the copyright problem of our country’s fan works within the framework of existing laws in China by drawing from abroad.Finally,at the aim of encouraging creation,include the fan works in the legal framework in our country should be done,and it can promote the development and progress of social and cultural in the new era.This is also the research meaning of this article.