A Study On The Copyright Problems Of China's Fan Fiction

Fan fiction is fiction written by those who are great enthusiasts for a particular writer's work,and have borrowed his or her characters and contexts to write fiction of their own.They are an important part of fan culture.As fan fiction were not authorized by the original artist at the time of creation,they may conflict with the copyright of the original artist.Before the development of the Internet,fan fiction would only be communicated within a niche.But with the popularity of the Internet application,the change of the mode of transmission that fan fiction in the new situation,the spread of the network makes the fan fiction is wider,fan fiction writers with the original people conflict between copyright has become increasingly nervous.Since the creation of most of the fan fictions in the network is not for the purpose of profit,but only for the purpose of communication,it is often unrealistic to require the authors to obtain the original artist's consent before the creation.At the same time,if it is to completely ban such literary creation,it is not realistic,because the existence of fan fiction also has unique cultural values.In fact,fan fiction also extends the influence of the original work to a certain extent,and it has obtained corresponding economic benefits and good reputation.However,it cannot be ignored that the fan fiction has always been questioned due to its unauthorized nature.As a result,when the third party's infringement against fan fiction has repeatedly appeared,the author's fiction author does not have the confidence to defend their rights.This is not only a blow.The enthusiasm of the author's creative writing is also not conducive to the preservation of the copyright of the original artist.Therefore,how to promote the legal creation of fan fiction on the basis of protecting the copyright of the original artist and ultimately promote the prosperity and development of social culture has become an important issue to be resolved.The copyright law is to protect the legal rights of copyright owners.At the same time,authors,users,and the general public are required to rationally and effectively allocate work resources and promote cultural prosperity.Although fan novels are dependent on important elements such as characters and relationships of the original works,fan fictions also have originality,which gives them the protection of their copyrights in line with the purpose and value of the copyright system,as well as the creative incentive system under the balance of copyright rights..Under the current copyright law system,due to the incompleteness of the connotation and denotation of deductive works,it has caused difficulties in the identification of the nature of the works in fan novels.Since the Internet fan fiction is published without authorization,whether its copyright can be protected or not,the scope of copyright rights and obligations under the current legal system is not clear.At the same time,under the current copyright law,the copyright protection of the original artist is too strict,and the closed system of China's rational use system has caused the secondary creation of consumers,etc.,to face difficulties and is not conducive to cultural innovation and prosperity.In Japan and the United States,other countries' fictions are legally regulated and protected.fan fiction is an alleged infringement in both Japan and the United States.However,for non-profit fan fiction,the United States adopts the principle of transitional use and is non-profitable.Sexual fan fiction provides legal support.Although Japan's peer-to-peer fictions were found to be infringements,because the fan fiction promoted the economic development of Japan,the Japanese government adopted a copyright policy that encouraged the creation of the second creation.These provide reference for China's regulation and protection of fictional authorship.In the face of the rise of our country's fan fiction culture,and the gap of the current copyright law on the fiction of the fiction's novels,the legal regulation and protection of the fictions in our country are in no rush.First of all,the legal orientation of fan fiction should be identified in the copyright law.Secondly,it should be clear that the fan fiction should enjoy the scope of rights and obligations of the copyright to its copyright.Again,the relationship between fan fiction and the principle of fair use is clearly defined.Finally,it is clear that the standards of the infringement of the original works of the fan fiction novels and ways to relief,pay attention to protect the original work of the copyright relief and implementation.