Research On The Issues Of Comparing Copyright In Fanfiction

The intellectual property circles began to study fanfiction since 10 years ago,but the concept of "fanfiction" has not reached a universal level at the present stage.Recently the case of Jin Yong v."the Juvenile here" author Yang Zhi(pseudonym Jiangnan),The case of Shanghai Xuanting Entertainment Information Technology Company Limited the property owner of "Ghost Blowing Lamps" v.Zhang Muye and others related to fan novels once again pushed it into public view.This article starts with the case of Jin Yong v.Juveniles' author Yang Zhi(hereinafter referred to as Jin Yong v.Jiangnan Case),integrates and compares existing literature research,and sorts out the research direction of this article,mainly through analysis of the relationship between fan novels and original novels.Respectively,to explore the issue of copyright infringement.In addition,from the theory of "dichotomy of thought and expression" and the connotation of adaptation right and the right to protect the integrity of a work,it is explained that the mere use of the name of a person,the relationship between a person and the character of a person does not constitute copyright infringement.At the same time,it discusses issues concerning the regulation of the “Unfair Competition Law” in cases where character names,personal relationships,character,etc.do not fall within the scope of copyright protection.The text is divided into four parts:The first part briefly summarizes the case of Jin Yong v.Jiangnan,sorting out the main contents of the case and the main dispute points of the two parties,in order to elicit two points of discussion in this article: First,whether the use of personal names,personal relationships,or personalities constitutes factors Copyright infringement;Second,whether the behavior of simply using character names is regulated by the Anti-Unfair Competition Law.The second part classifies fan fiction from the relationship between fan fiction and the original fiction,and is specifically divided into deductive siblings,non-deductive siblings and parody-like peers.The writer's novels such as "Here" were included in non-deductive fiction novels,thus making a clear analysis of the respective applicable laws.The third part analyzes the copyright issue of fan fiction,and discusses the issue of copyright infringement from two aspects: deductive fiction novels and non-deductive fictionnovels.The introduction of ideology and expression of dichotomy theory,as well as the right to adapt and protect the integrity of works,elaborates on the non-copyright infringement of non-deduction fictional novels such as "Here".Copyright law protects expression without delaying thoughts.The character names,relationships,and personalities used in Jin Yong's novels in this article are excluded from the scope of expression and thus excluded from the scope of copyright protection.In addition,it begins with discussions on the proper meaning of the right to adapt and protect the integrity of works,and discusses the two rights such as“herein”non-invasive fiction novels that do not infringe the author of the original novel.The deduction of peer-to-peer novels mainly elaborates on what circumstances would be the infringement of the original novel.At the same time,it analyzes the application of the rules of fair use in the interpretation of peer-to-peer novels.The fourth part also discusses whether to apply the "Anti-Unfair Competition Law" regulation from the two aspects of deduction of the same category and non-deduction of the same category.For the deductive classmates,from the analysis of the application of the Copyright Law and the Anti-Unfair Competition Law,it is explained that the deductive classmates have already stipulated in the Copyright Law and no longer apply the anti-unfair competition.For the non-interpretational classmates,the main challenge in the academic world today is that it is difficult to escape the “free rider” behavior by borrowing character names,personal relationships,etc.The author compares the main components of the “free rider” behavior.Therefore,the act of simply using character names,etc.,does not constitute a "free rider," and the same rule is drawn that adjustments should not be made to the provisions of the "Unfair Competition Law."...