The Protection Of The Literary Role

Literary character refers to the fictional character created by the author in literary works.Literary characters are loaded with the characteristics of abstract and uncertainty in literary works,which can be directly influenced by the copyright protection.In recent years,whether it is tort disputes surrounding the use of works of literature,literary character,economic benefits and intangible benefits of also reached a peak in recent years,for a balanced role creator,Arthur and the interests of the public,it is necessary to provide the literature role to the comprehensive protection.Literary characters are protected by copyright,needs are the basic conditions of copyright works,namely the originality,replication,the expression of specific,and need to meet specific standards,the unique delineated test and the story being told test for the judicial practice of our country has a great significance.Without the original author permission to use your character to literary creation,or taking advantage of the role of literature appeal to promote goods or services sales purposes,have seriously violated the interests of the creator role.How to give a clear and effective protection to literary characters,thus to protect the interests of the rights holders of the works fair and reasonable,becomes a practical and theoretical problem to be solved.When traditional rules and regulations are insufficient to deal with such disputes,the law is required to make mandatory adjustments.To this end,China's copyright law should clear the role of literature work status,a unified standard to literary role of infringement,at the same time to avoid excessive protection of literary characters,should be a reasonable set of the protection period literary characters.