Research On The Copyright Problems Of Fanfictio

The development of copyright law is to protect the legitimate rights of copyright holders, and between the author, the user, the three public works reasonably effective allocation of resources to promote cultural development and prosperity. Fanfiction is born under the cultural and technological development and the progressive development of alternative forms of culture and growth. Literary works of art works of this non-traditional mainstream colleagues under the form, in its emergence and development process also exposed many problems. Based on the meaning of fanfiction to define, analyze their unique properties in the sense of copyright law, and compared with derivative works, giving it protection does not conflict with the original copyright, as well as the creation of security, to coordinate its work with the original the relationship of the work, analysis of original authorship which constitutes a violation of the circumstances in which, for violation of the integrity of the original works of original and adaptation rights violations having the copyright of the original avatar violations; while in the case of infringement defense existing legal framework of copyright works can be applied to analyze, first, the original term of protection has expired, the second is in line with fair use system; subsequently combined under the relevant provisions of the reality of social attitudes and existing laws on fanfiction, summed up China’s current law on the protection of my colleagues work problems:First, its legal status is unknown, the second is the scope of fair use system "rule doctrine" under narrow; the last three-pronged approach proposed solutions to this problem in a coordinated legislative proposals fanfiction with the original relationship, as a special works included in the copyright law system be protected, and it can also enjoy copyright infringement to demonstrate; the second is the "transformative use" the introduction of fair use system; Third, through the "creative Commons license" to work to protect colleagues.