Copyright Issues In Doujinsh

Doujinshi is a kind of derivative work written by amateur writer who uses characters or settings from copyrighted work.This kind of creation is now spreading rapidly around the world because of the advent of the Internet.Meanwhile,more and more people have become aware of the legal issues regarding this creation.However,no case of copyright infringement on the basis of Doujinshi has ever gone to trial.Previous researchers have not reached a consensus on the legal issues involved.This article will start with an overview of Doujinshi,and divide it into the original Doujinshi and the derivative Doujinshi,of which the derivative Doujinshi is the most controversial in the copyright law,so It is the main object of this article.Regardless of the type of creative mode used,the derivative Doujinshi is an adaptation of an existing work and belongs to a derivative work.Chapter two,on the protection of the role of copyright,first describes the relationship between role of copyrightand Doujinshi,and then introduces the cases and practices of the United States,Japan and China to analyze respectively the role copyright of the literature and the role copyright of animation characters,It is considered that the non-text characters are enough to form specific expressions and can be protected by the copyright law,while it is more difficult for the text role to be protected by the copyright law.The third chapter discusses the intersection of the moral rights of copyright and the property rights of copyright.In terms of the infringement of the moral rights of copyright,the author thinks that Doujinshi may infringe the rights of authorship and integrity of an author.In terms of the infringement of the property rights of copyright,Doujinshi may infringe right of reproduction,right of adaptation and information network broadcasting right.And whether the Doujinshi might infringe and the fair use defense.It believed that the fair use system may be the most important safe havens for the author of Doujinshi.Doujinshi should deserve protection to certain degree because it conforms to the legislative purpose of copyright law,and for most of the time there is a mutually beneficial relationship between Doujinshi writers and copyright owners.Therefore,the last chapter of this article integrates the present situation and future prospects of Doujinshi in China,Japan and the United States.At the same time,due to the fact that the law cannot be easily amended,it tries to provide several feasible measures within the existing legal framework to improve the dilemma of copyright Law which the author of Doujinshi is facing.