The Resolution Research Of Copyright Conflict About Fan Fiction With The Original

Fan fiction originated in Japan,its scope is limited to the spread of anime fans at firstthe interaction,and gradually evolved into a kind of important cultural industry at home market.However,due to the further development of information network technology and the spread of fan fiction,the extent of spread,public enthusiasm degree is high,it causes the attention of the copyright owner of the original work,so in recent years,the fan works between the author and the original author dispute intensified.At the same time,the current our country's copyright law to "fan fiction" without a clear legal definition and properties of the concrete elaboration,it still belongs to the gray area in law,so fan fiction has been wandering in the edge of the legal and illegal,but at present,the experts and scholars for "fan fiction" and the legal nature of piracy may involve different views,often need according to the case to the specific practice is shipwrecked trade-offs.In which public Jin Yong v.Jiang Nan infringement of this young,just borrows the name of Jin Yong's characters as creative elements,whether to belong to tort caused the social from all walks of life in the great debate,at the same time about the name of the elements such as whether to belong to the protection object of copyright law,and whether you can use the "fair use" system to regulate,"anti-unfair competition law" whether can adjust again cause problems such as experts and scholars.The author will discuss these problems in this article.This paper is divided into five parts:The first part mainly analyzes "the teenager here" the case,to clarify the case of disputes,proposed to borrow the original work of the character in his name,personality traits and other elements involved in infringement,what rights infringement and such borrowing original works elements of behavior whether can use the "anti-unfair competition law" regulation,etc.The second part is mainly to legal definition of fan fiction,clear its legal meaning,integration of its characteristics,and of the existing fan based on different kinds of fan fiction by the standard of demarcation.At the same time the author will define the legal nature of fan fiction,clears with the differences and relation of plagiarism,and on the basis of the current academic circles of fan fiction legal nature of the dispute,puts forward their own works for submission for the legal nature of judgment and insight.The third part is mainly to analyse elements borrowed in fan fiction based on with the original works are protected by the copyright law problems were analyzed,and according tothe most present borrowed elements,such as borrowing the theme,plot,character,name,and the author will use elements of this are most often occur whether belongs to the copyright law protection range for detailed analysis.Which will detail the problems of the borrowed characters,which analyzes the American "fully described" standard and the standard of "narrative into a story",on the basis of borrowed elements in this case is protected by the copyright law is discussed.In the fourth part,the author discusses the infringement issues which may be involved in the work of the same person,mainly including the conflict between the works of the same person and the right of revision,the protection of the integrity of the works and the right of authorship.The fifth part mainly discusses the fan with the original writer of copyright conflict solution were discussed,proposed to the submission for the author to restrict,adjusted the exercise of copyright fair use system,the use of intellectual property sharing agreement or anti-unfair competition law to regulate specific solutions.