Research On The Copyright Law Issues Of Fan Fictions

It is hard for the Copyright Law to define the nature of fan fictions clearly due to the law's hysteresis quality.Besides,the variety of fan fictions make it tough to define the relationship between reasonable use and work expression.Fan fictions are subject to the originality requirement of the Copyright Law and they are not similar to the original works,so fan fictions do not lead to the right infringement to previous works.It is reasonable to protect and support fan fictions under the Anti-Unfair Competition Law for the consideration of the balance of social public welfare and author's private interest.Intellectual Property Law,including the Copyright Law,services for the market economy,which purpose is to balance the public interest and individual interest.Therefore the judgement on the legality of fan fictions is not simply black or white,or to say that it is not legal or illegal.To make the creation of fan fictions widely accepted by the legal principle and society,we could learn some advanced experience of foreign country,for example introducing and restructuring American transformative use to form a pattern of free choice which is independent to the Fair Use,and improving and implementing Creative Common public licence to protect author's hard work and make the author respected through their second creation works.Finally,those methods are beneficial to realize the purpose of the Copyright Law and promote the prosperity of culture.