An Analysis Of Copyright Of Using Character Elements From Original Works

Under the background of the continuous development of information networks,a series of new and complicated copyright dispute cases have faced a certain degree of uncontroversial and controversial judgments in the face of China's copyright system.Among them,the use of the elements of the original works of characters provides a new topic for the study of modern copyright systems.In China's legal regulation and judicial practice,most of the explicit expressions of originality can be protected by the copyright law;there is no consensus on whether the simple character can be recognized and protected by the copyright law,and the use behavior is infringed upon.The infringement criteria of copyright in works are different.Therefore,this paper analyzes the use of character elements in the works from the theoretical level in combination with the current judicial practice in China,and provides some reference for giving them reasonable protection.The body is divided into four parts.The first part is a brief introduction to the case of "The Ghost Blowing Light" v."Touching the Gold School",and make a summary of the controversy of "Ghost Blowing Lights" v."Touching the Golden School".The second part is the judgment of the copyright attribute of the character of the original work.The key to the copyright protection of the character elements of the work is whether it constitutes an original expression.Specifically,when the character elements in the work reflect the author's individual skills and judgments,vivid and specific,irreplaceable,and have significant differences,they should belong to the original expression in the sense of copyright law.The third part is about the judgment criteria when composing copyright infringement.For the judgments of “substantial similarity” in the works before and after,the characters in the two works obviously form the same or similar in terms of words,so they should be integrated from the perspective of the general reader and the abstract separation method from the perspective of the average reader.Consider the two social and cultural dimensions of mental function and economic effect,in order to obtain the correct judgment of “substantial similarity”.The fourth part is about the protection of the characters of the works.The reasonable use of infringement defenses currently does not give a more ideal answer to this behavior,and the protection model of the unfair competition law is still flawed.Therefore,it is a theoretically ideal protection method to balance the interests of the “character elements” in the works to achieve a knowledge sharing agreement based on mutual agreement,in order to share the knowledge results on the basis of protecting the copyright of the original works.Develop and form a good social environment to promote cultural prosperity.