Infringement Judgment On Copyright Of Anime Character Images In The New Media Era

In the context of the continuous development of digital technology and network technology,new media such as real-time chat tools,video websites,short videos,virtual reality(VR)emerge,traditional media and emerging media show a trend of integration and development,and the development of the animation industry entered the era of new media.New media has a natural fit with the animation industry.New media brings a different kind of vitality to the creation,dissemination and marketing of animation works.The animation industry has entered a new stage of development,and the determination of copyright infringement of anime character images in the new media era has also received increasing attention.Perfecting the determination of copyright infringement of anime character image is conducive to further protecting the rights of copyright owners and regulating the behaviors related to the anime characters.Starting from the basic law system and theoretical study,firstly,from the three aspects of direct infringement judgment,indirect infringement judgment,and damage compensation,this article expounds the status of infringement judgment of anime character image copyright in the new media era,and then it summarizes the problems and causes in the judgment.In terms of direct infringement judgment,there are different standards in the judicial judgment of animation character tort.In the aspect of indirect infringement judgment,there is a real dilemma for network service providers to assume joint and several responsibilities.In the damage compensation,there is a problem of abuse of statutory compensation.And then,this article talks on particularity of the determination of copyright infringement of anime character image under new media.Secondly,by analyzing the relevant legal systems of the United States and Japan,it sums up the experience of determination of copyright infringement of anime character image and their enlightenment to China.Finally,it gives some suggestions on perfecting determination of copyright infringement of anime character image.In terms of direct infringement judgment,it's needed to clarify the standards of character's copyright ability and similarity.In the indirect infringement judgment aspect,it is recommended to distinguish the responsibilities of different network service providers.In the damage compensation,to improve the value evaluation of anime character image,theevidence system and restrict discretion can contribute to avoiding abuse of statutory compensation.