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Research On The Conflict And Coordination Of Copyright Between Fanfic And Original Works

Posted on:2020-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:W X JiaoFull Text:PDF
GTID:2416330578457879Subject:legal
Abstract/Summary:PDF Full Text Request
Fanfiction is not a new thing under the background of the Internet,but with the rapid development of fanfiction on the Internet,at present,fanfiction has a large number of creative groups and reading groups,and shows the trend of continued prosperity and development,fanfiction has become a social phenomenon that can not be ignored.Fanfic is through the use of the most notable features of the original works elements,this close relationship between the copyright confl:ict is inevitable,however,after years of development,fan fiction already integrated into the society,in addition to its itself is the meaning of the text,play a more important social and cultural value,and promote the prosperity of the social culture,that is consistent with the final purpose of copyright law,it is necessary for us to protect and at the same time,fan fiction has the originality,there are substantial differences with the original works,is the significance of copyright law work,shall be protected by copyright law.Copyright law gives a series of exclusive rights of the copyright owner is not in order to ensure that the interests of copyright owners to maximize,but through the rights given to stimulate more people to create more valuable social and cultural products,fan fiction is a reflection of cultural innovation ability,therefore,we can't because of fan fiction and there is a conflict between the original copyright is killing the cultural innovation ability,more should be between the two systems,through certain channels to regulate,guide and standardize,alleviate the con:flict,the maximum play to the value of fan fiction,promote the development of social and cultural prosperity.The text is divided into four chapters:The first chapter mainly introduces the development of fan fiction and the dilemma of the development of fan fiction.Chapter two analyzes the reasons for the dilemma of fanfic's development,that is,there are various conflicts between fanfic and original works in terms of copyright,and under the background of China's copyright law,fanfic cannot be justified by reasonable use.The third chapter is the analysis of the originality of fanfic novels.Fanfic novels not only have their own textual significance,but also have certain social and cultural value.The originality of fanfic novels makes it possible to protect copyright.Chapter four firstly analyzes the coordination between Japan and the United States,where the development of employing novels is relatively mature.On this basis,combining the corresponding relationship between the two countries,the author puts forward the coordination Suggestions under the background of China's copyright law.
Keywords/Search Tags:Fan fiction, Copyright conflict, Originality, Fair use
PDF Full Text Request
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