Research On The Copyright Protection Of Virtual Characters

The virtual character image is an artistic image with personality characteristics,which is shaped by the creator,including shape features,character,mantra and habitual movements.As part of the work,the virtual character is familiar to the public and even more socially influential than the work itself in the process of widespread dissemination of the work or product.Some well-known virtual characters will always be used in commercial products alone,gaining a lot of commercial value.In the absence of necessary intellectual property protection,the copyright infringement disputes of related virtual characters are gradually increasing.This paper starts with the typical cases of virtual role copyright disputes in Chinese courts,explores the limitations of current copyright law in protecting virtual characters,and summarizes the judgment standards of virtual characters' copyrightability in American judicial practice.The specific analysis in the paper extracts the "three-part testing standard" which is useful for the protection of copyright in China,and discusses the copyright protection of virtual characters.It is proposed that the virtual character can become the object of copyright law protection when the virtual character is separated from the work and used alone and constitutes a complete expression.Whether the virtual character satisfies the conditions of copyright law protection is a core issue.Using comparative analysis and empirical analysis to explore the conditions for virtual characters to be protected by copyright law.Breaking through the virtual characters can only be through the partial protection rules of the entire art work,and the virtual characters can be distinguished from the different situations in which the virtual characters can exist independently of the original works.The conditions for copyright protection.In order to actively respond to the use of commercialization interests,it is proposed to incorporate the commercialization rights system into the scope of protection of copyright law,and provide suggestions and suggestions for the protection of copyright laws of virtual characters in China,and provide more effective realistic approaches.