Rearch On Copyright Protection Of The Fan Works In China

With the rapid development of the Internet era, Fan works spread range originally in a small area used for entertainment become more widely. in the modern sense, Colleagues work originated in Japan, and gradually developed into a part of their cultural industries, Europe also has a long history of age. In China, the rise of work colleagues is late, but a large group involved in still prompt its development fast, the number and variety increase fast, offline activities throughout the country, attracting thousands of people to participate in. However, behind the prosperity and development there are many problems:our laws lack the clearly defined colleagues work and the nature of the content, so that it has been in gray areas between legal and illegal, in this condition, it continue occur conflict dispute with the rights of indigenous people.While colleagues work have rich forms, but with strict constituent elements, including relying on original works, a certain degree of originality and non-profit purposes. For its legal nature it cannot simply be classified as derivative works, but they should be differentiated according to their different characteristics. in the process of borrowing the original work, fan works will have conflict with original rights, to some extent, affect the rights of indigenous people’s authorship, the right of integrity and protection of property rights. However, we should also see the appearance of the large number of fan works plays an important role in promoting the well-known of original works. Meanwhile, with the increasing influence of work fan, the public’s enthusiasm for the creation continuous improved. To a certain extent, it has promoted the social and cultural development and popularization, which is the legislative purpose and the fundamental purpose of Copyright Law. From this point of view, we should recognize the legitimacy of the work of fan.From the legal status of countries, the Japanese culture as the fan origin place has maintained a tacit attitude on work fan, which is decided by the status of fan works in the cultural industries, but with the signing of TPP agreement, the Japanese fan work will usher in a period of cold. American fan works are clearly defined, at the same time give its some relief, but the relief is often costly. In our country, as the lack of clear legal provisions to fan work, when a dispute happened, the debate of copyright law become the focus. In addition, more frequent use of IP-sharing agreement, to coordinate the relationship between author and creator of the fan, to prevent disputes from occurring.In the case of work fan continue to grow, and continue disputes with the original human rights, the traditional copyright law has lost its function to balance the relationship between the two, it should be go with the times, make timely changes: define concepts and conditions of work fan from the legal and rights and obligations of fan provision creators, and clearly the relationships between rational use of creative and fan, as well as improve the specific application CC protocol. Through the above measures, we hope to better guide and regulate the development of work fan from the legal and institutional, coordinating the relationship between creator and author and reducing disputes arising.