Study On The Legal Issues Of Copyright Protection Of The Fan Work

The fan work is the ingenious new work,which is created by co-creator,using the elements of the prior work,such as the personalities of the characters,character relationships and the plot,etc.The fan work was initially spreading between groups with similar interests,which is no commercially utilization and no commercial properties.In this case,the original copyright owner also tends to acquiesce in and even support for Doujin work,because it has little adverse effect on the interests of the original copyright owner.But while the network development is speeding up the propagation of the fan work and expanding the audience,the commercial utilization of the fan work is also gradually increasing.Because It is characterized by the use of the elements of the prior work,it may cause significantly copyright conflicts with the original work,which will influence the human rights and property rights of the original author to some extent.The copyright disputes between the fan works and the original works are also gradually increasing,from Jinyong v.Jiangnan to Xuanting company v.Zhangmuye,these cases are all produced by the fan work.The trend of commercial utilization of the fan works is increasingly obvious,but the special creation form of the fan work is not clearly defined in the copyright law.The use of the original elements in the fan work will influence the original work to a certain extent,which will create a copyright conflict with the original work.But the fan work has an important position in the prevailing Internet culture,which contributes to the development of China's cultural undertakings and has economic and cultural value.The various forms of the fan work can be classified into the types of the works protected by “the copyright law” and shall be the protection object of copyright.While the fan work is currently facing the risk that accused in the process of commercial utilization,it is also difficult to use copyright law to safeguard its rights and interests when their own rights are violated,so it is a problem worth thinking about for how to protect the fan works' copyright.The basic concept of the fan works is interpreted in this paper,which is analyzing the basis of copyright protection of the fan works,putting forward solutions on the present situation of copyright protection of the fan works,improving the system of copyright protection,and establishing a reasonable mode of interests coordination in order to protect the fan works' copyright.All in all,to study the legal issues related to copyright protection of human works under the circumstance of commercial utilization is not only helpful to protect the copyrights of fan works to promote the healthy and orderly development of the works,but also can better coordinate the interests of the original copyright owner,the fan work' author and the public.