Research On The Copyright Problems Of Fanfiction

Fanfiction is the creation of the original Works based on the characters,the story structure,the background setting and the relationship between the characters,which is different from the original works.Fanfiction is a new type of creation in China.For the related copyright laws,it is still a blank,which makes the infringement boundaries of the fanfiction unclear,resulting in conflicts with the copyright of the original works.Although fanfiction is based on the original work without the original author's permission to borrow the elements of the original work,but there is a significant difference between with the original work.fanfictiony is the intellectual achievement of a colleague creator and is different from the pure copy or plagiarism.There are certain philosophical and economic foundations for the copyright protection of fanfiction,fanfiction is in accordance with the copyright law's legislative purpose of "promoting the development and prosperity of socialist culture and the cause of science".We should improve our copyright related legal system,so that the rights and interests of authors and original authors can be in a state of balance and reduce related disputes.The text is divided into five parts.The first part is a general overview of fanfiction.This part is mainly analyzes the three aspects of the creation and development,the concept and the classification of fanfiction.First of all,it introduces the evolution process of the fanfiction in the United States,Japan and our country,and how the new things are developed.Secondly,according to the definition of fanfiction,it is clearly defined what kind of conditions are fanfiction and what are their characteristics.Finally,to classify fanfiction,there are many kinds of creations in the modern society.Some belong to the types discussed in this article,while others do not belong to them.Therefore,it is necessary to classify them.The second part analyzes the copyrights of the fanfiction.There are certain jurisprudence and economics bases for providing legal protection for the fanfiction,and they are in conformity with the legislative purpose of copyright law.In addition,the object of copyright protection is the work,which is original and reproducible.Fanfiction complies with the originality and the reproduction of the work,and is not excluded from the scope of protection under the copyright law.Therefore,fanfiction are copyrighted.Then,this part further analyzes the nature of fanfiction and analyzes whether they belong to deductive works and parody works,as well as the connection and difference between them.The third part analyzes the types of infringement and the reasons of defenses in the process of composing fanfiction.Most of fanfiction have not been approved by the author of the original works at the time of their creation,so they may infringe on the personal rights and intellectual property of the original works during the process of creation.If the copyright of the original work is infringed,the creator of the fanfiction can defend the term with the original work,the right of copyright of the borrowed work element,reasonable use and so on.The fourth part introduces the legal practice of the international community in creating the copyright for fanfiction.Respectively,Japan and the United States on fanfiction's attitude,the relevant provisions,and the practice of two countries were reviewed Japanese treat fanfiction is to take a laissez-faire attitude,which has a certain relationship with the characteristics of Japan's cultural industry.The United States has a set of systematic rules on fanfiction and the U.S.system of rational use is relatively mature and perfect,which is worth our reference.Based on the above discussion,the fifth part puts forward concrete suggestions for fanfiction.The copyright law should clearly define the work of fanfiction,and introduce the judging factor of the fair use system into the copyright law of our country to regulate the work of fanfiction,and at the same time,propose Creative Commons and reduce the copyright disputes related to the work of fanfiction.