Research On Conflict Of Rights Between Re-creation Of Animation&comics And Previously Works

Fan creation as a long-standing way of creation, because of the re-creation of animation & comics, is popular in China and Japan and other countries and regions again. Re-creation of animation & comics on the one hand, provides the convenience for communication between fans, on the other hand also add sentiment to the author’s works. Re-creation of animation&comics as adapted works, will produce a variety of rights conflict with previously works. This article will focus on conflict of rights between re-creation of animation&comics and previously worksBetween various of previously works, there are some belong to the intangible cultural heritage, which produces the conflict between re-creation of animation&comics and intangible cultural heritage of the conflict situation. however, the essence of this conflict is also judge of plagiarism problem and the illegal use problem between the works. Accordingly, this is still a research for copyright problem of re-creation of animation&comics.This article will attempt to analysis of the problems, and find out the balance between limitation and encouragement of re-creation of animation&comics. The first part of the article is to analyze to concept of re-creation of animation&comics. In the second part of the article, we will focus on the previously works which produce conflict with re-creation of animation&comics works, and the types of the conflict and the reality form of it. The third part,by introducing semiotics, in the second chapter studies the classification, a detailed analysis of each judge rules of infringement under conflict the classification. The last part is based on the summary of the former three chapters, discusses the limitation to re-creation of animation&comics from current law and the perfection of it. Combined with culture dissemination value theory, puts forward Suggestions for the exemption of re-creation of animation&comics.