Research On The Fan Fiction In Copyright Law

With the development of the internet technology,the emergence of the fanfiction has provided a new topic for the study of the modern copyright system.Under copyright law,the legislation and judicial practice show that the copyright law can protect only the original and creative works.However,there is no specific legislation about fanfiction.As a derivative work,whether the copyright law can protect fanfiction is not only depending on whether it has the originality,but also depending on whether it infringes the original works.In our academic communities,there is a dispute that whether copyright law could protect fanfiction.By analyzing the connotation and characteristics of fanfiction,this thesis will analyze the key problems of the works and provide some suggestions for dealing with the legal issues of fanfiction.It aims to provide references for the development of copyright and to provide alternative solutions of copyright disputes.The text is divided into three parts.The first part is an overview of fanfiction.Fanfiction is a literary work that creatives from copyrighted works such as articles,films,TV dramas,cartoons and online games.Fanfiction might infringe the copyright of the original works and help the publicity and development of the original works as well because of the feature of using the characters of the original works to create new works.The second part analyses the most prominent copyright issues in the literary works of the same person.This paper mainly analyses the problems of human rights and the legal issues of borrowing literary characters.Because of the inseparability of literary characters and the plot,this paper believes that the judgment that whether fanfiction infringements the original work would depend on that whether there is substantial part being taken.In the third part,this paper provides some suggestions for the protection of the copyright of the fanfiction.Through the analysis of the legislative and judicial experience of the United States and Japan,summarized experience of judicial practice and the fan industry development in China,this paper provides some suggestions,such as improving the fair use system and applying the knowledge sharing agreement.