Research On Copyright Infringement Of Fan Works

In the modern sense,the Fan works have been developed in China for more than 20 years.The development of the Internet has provided a more convenient and quick way for the dissemination of Fan works,and the Fan creative forms are deeply loved by the public.However,due to the fact that Fan works do not have a unified definition,their connotation and extension are difficult to determine.Therefore,their legal orientation is unknown and many infringements have already been generated.The Fan creative form has existed since ancient times,but modern works of Fan works refer to the results of the second creation of the fellows on the basis of the original works or using the elements of the original works.There are many problems at the same time that the creative forms are popular.Not only does it have the risk of copyright infringement,the balance of rights between the fans and the original author is broken,and conflicts and contradictions between freedom of expression and copyright protection are brought about.For continued prosperity of creation,the solution of these issues has its practical significance and theoretical significance.The American and Japanese fan culture has a relatively mature development history.However,the two are different from the legal regulations,infringement recognition,and risk prevention measures of fan works.The development order in the fan market is relatively good and there are also many risks of infringement.Compared to extraterritoriality,China does not have a relatively perfect legal regulation standard in the United States,nor does it have a long accumulation of Japanese fan cultural industries.Therefore,our country is still in an awkward position with regard to the protection and management of Fan works.Therefore,under the premise of conforming to the relevant provisions of the current laws of our country,we can learn from the advanced experience from the outside world,encourage the creation of fans,and evade the risk of infringement.Judging from the perspective of China's copyright law,Fan works have the potential for multiple copyright infringements,including the moral and property rights of the works.Therefore,focusing on the status quo of the development of our country's Fan works,we need to carry out a position analysis under the framework of the Copyright Law to clarify where the risk of infringement is,and combine the case analysis of the standards of infringement determination,combined with the ideological expression of dichotomy,and substantive similarities.The recognition method defines the infringement of different types of Fan works.Finally,combining with the advanced experience of the outside world and the current actual situation in China,it explores ways to avoid the risk of infringement in its creation and dissemination,in the hope that the future of our country's fan creative forms can continue to be well.The development of fan culture can be more prosperous.