Research On The Copyright Issues Of Fan Fiction

The progress of the internet has diversified the objects of the re-creation of fan fiction,and the type of fan fiction has also increased.The prosperity and development of fan fiction has become an inevitable trend.The influence of fan fiction has been further expanded,and at the same time the commercialization of fan fiction has also appeared.And the doubts that fan fiction has encounter have never stopped,and so many disputes arising from conflicts of interest between creators of fan fiction and original owners of works continue to occur.Because of the lack of legislation,fan fiction is always in the gray area when it gets stuck in relevant legal disputes.For the determination of specific infringement cases of fan fiction,the judge has little clear criteria for judgment,and often solves problems according to other laws such as anti-unfair competition law.And the risk of infringement of fan fiction is completely in the hand of the original copyright owner.If the original copyright owner claims his own rights,the author of fan fiction is likely to face the risk of being accused of infringement.Once indicted,the author of fan fiction will face a amount of financial compensation.The close relationship between the creation of fan fiction and the original work has made fan fiction always face legal and illegal controversy in the development process.This instability will affect the creative passion of the author.Because of the development of the Internet,the fan fiction is no longer limited to the way of dissemination of the private exchanges of the former fan groups,but gradually reaches the public through the public network platform.Such developmental changes make it difficult for fan fiction to make reasonable defenses in the face of infringement lawsuits through fair use.The nature of fan fiction is not clear,the interests of the creators of fan fiction are difficult to be protected,and the current copyright law pays more attention to the protection of the copyrights of many original works.These circumstances are not conducive to the development and protection of fan fiction.Faced with various problems of infringement of fan fiction,blindly avoiding will only makes the development of fan fiction frustrated and disrupts the relevant market of Chinese cultural works.Therefore,it is necessary to study the copyright of fan fiction.First of all,from the theoretical level,the definition,the copyright of fan fiction and other principles are discussed to clarify the legal nature of fan fiction.Secondly,combining the current legal disputes to sort out the conflict of copyright between fan fiction and the original work,in the context of the current revision of the copyright law,responding to the phenomenon of borrowing the characters of the work is of great significance to the creation of fan fiction.In order to solve the legal conflict as mentioned above,and to reasonably coordinate the interests of the rights holders,it can be further analyzed from the three aspects of the perfection of copyright law,the rational application of provisions of trademark law and anti-unfair competition,and the enhancement of the legal consciousness of the creation subjects of fan fiction and the implementation of supervisory responsibility of network platform to promote the coordinated development of fan fiction and original works.