The Research On The Copyright Of Fan Fiction

In recent years,the issue of "human rights" copyright has been presented to us more and more,and the discussions and concerns that it has caused have also been continuously expanded and deepened.How to determine the difference between borrowing and plagiarism? "Humanities" type what? What is the difference between the creations and infringers? "Humanities" should be protected by copyright? Judging from the existing relevant laws and regulations in our country,the above questions do not provide a clear answer.From the historical perspective of human civilization,any creation originates from the accumulation of human culture from ancient times to the present.The original works also belong to the re-innovation on the basis of their predecessors.Therefore,the original works can not separate themselves from human beings Black and white in the long river of knowledge clearly separated.Needless to say,the author of the original works can not be strong enough to require homogenous creators to do what they can not do before the creation,unfairly increase the burden and cost of the latter creators.The body of a total of four parts,to put forward the problem,analyze the problem,solve the logic of the problem:The first part briefly introduces the definition of the novels,the difference with the related concepts,the classification of the novels and the development and evolution of the novels of novels in Europe,America,Japan and China.The classification of the novels is the focus of this part.On the basis of this,we classify different novels,then come to the main topics discussed in this article.On the basis of this,we put forward the question: whether a person's novel itself is justified or not and can not be protected by the copyright law.The second part focuses on the analysis from multiple perspectives,demonstrating the legitimacy and rationality of the existence of the novels,that is,the analysis of the problem part.First of all,analyzing the novels of the same genre from the aspect of copyright law does not violate the original author's copyright;secondly,demonstrating the equality of copyright and right of expression from the perspective of jurisprudence;finally,it analyzes the necessity of protecting the same-person novel from the angle of social and cultural participation and conflicts of interests.The third part is an extraterritorial study of fan fictions and also part of the analysis ofproblems.The brief introduction and analysis of the relevant experience of the United States,Japan and other countries on the novels and draw the relevant conclusions to provide some reference for the protection of the novels in our country and how to provide protection.The fourth part is devoted to how to locate and protect the novels to solve the problem,which is part of the problem solving,this part is the focus of this article is also the innovation of this article.In order to get out of the dilemma of copyright in our country's novels at present,the author mainly puts forward proposals on creating rules of conduct and adding new laws in the existing legal aspects.