Case Analysis Of The Copyright Protection For Fan Works In China

Nowadays,with the development of Internet and information technology,the creation trend of fan works is becoming more and more popular,and the copyright disputes are also increasing.To clarify the legal status and the relationship between it and the original works is the key to solve this kind of dispute.In numerous fan works copyright infringement,the core of the controversy is whether fan fiction infringe the copyright of the original works,whether the role of original works can be protected by the copyright law and whether the author can have the copyright of his works.First of all,whether the fan work infringed the copyright of the original.To judge whether a fan work is infringing or not,we should analyze it from two aspects:personal rights and property rights of an author.In terms of personal rights of an author,mainly reflected in the authorship and right of integrity,as long as fan work identify which borrow elements from which the author works in a prominent position,and no malicious distortion,defacing the original works,positive spirit,the deviate from the original work should not be decided that fan fiction due violated the original author's works.As for the property rights of the works,the author of fan work is not copying,spreading,leasing,publishing and exhibiting the original work at all,so there is no infringement of property rights issues.Secondly,whether the role of original works can be protected by the copyright law.Copyright law protects work,the role of a work is merely a constituent element in a work,but almost all of fan works are created on the roles of the original works.The role of the works can be protected by copyright law as well as the works,and it directly determines whether there is infringement in fan works.Literature role can according to the " fully describe " and "a story" standards to judge.Only when the role is adequately described or the role of work is the work itself,will it be protected by copyright law,and if the author borrows such a role,it will be deemed to be infringement.On the contrary,it is a legal act;Cartoon role because of its visibility,so that the public can easily leave deep impression,it is very vulnerable to the protection of copyright law,as long as the fan fiction role similar to visual work role in shape can be judged to be infringement.Finally,whether the author can have the copyright of his works.The basic requirement of a work to be protected by copyright law is that it must be original,although fan fiction is secondary creation of original works,but fan fiction in the thought,conception,creation relative to the original are independent,this part of the work in line with the original.The emergence of fan fiction stimulated the diversity of culture,promoted the social and cultural prosperity,in compliance with the legislative purpose of copyright law and aim,and fan fiction indirectly spread the original work,will not hinder the development of the original works.So the fan works should be like original works are protected by copyright law.For now,fan works of copyright protection in China is not perfect,Law is still don't have a clear rules.Fan works are increasingly common in China,the influence is increasing expand.So put fan fiction into legal protection framework is urgently needed in our country.At the same time,use Creative Commons to guide the fan works.Guided by legislative protection and social protection to promote the development and progress of social culture in the new era.