The Research On The Copyright Protection Of Literary Role

The so-called literary works refer to novels,poetry,prose,papers and other works expressed in the form of words.Generally speaking,the role in literary works refers to the artistic image created by the author through the use of words,plots and so on,which is what we call literary roles.In recent years,with the rapid development of Internet technology and fan culture,the use of literary role infringement has emerged in an endless stream.Whether literary role can be protected by copyright law alone has become a hot issue.In order to solve this problem,this paper will use American precedents and theories for reference,and discuss the copyright of literary roles and their judgment criteria,in order to better protect and rationally use the roles in literary works,and balance the rights and interests of the obligee and social public interests.The main content of this paper is divided into six parts,which are discussed in five chapters.The first part is the introduction,which combs the current research situation at home and abroad.Firstly,it defines the basis of the whole study of character roles by synthesizing different viewpoints of some scholars.Then it clarifies the different protection system assumptions that different scholars try to put forward to the characters.Secondly,according to the mainstream views at home and abroad,the core research object of this paper,character in literary works,is defined in the scope of copyright protection,and the research status of copyright protection of character is summarized.The second part is the first chapter,which analyses the conceptual theory of role-related,clarifies the meaning behind it,and obtains the necessity of strange copyright protection.The third part is the current situation and problems of the application of copyright protection of literary roles in our judicial practice.This part analyses the current situation of the application of literary role copyright protection in judicial practice,and points out that there are both macro and micro deficiencies in the protection of literary role copyright in judicial practice in China.The former is not clearly defined in legislation,while the latter is lack of scientific criteria for judging the copyright of literary roles in practice.The fourth part demonstrates the copyright nature of literary roles from the basic principles of copyright law;the fifth part makes a concrete analysis of the difficulties of substantive similarity judgment in the application of literary roles;and the sixth part is thesuggestions of applying the copyright protection system to literary roles.Firstly,we should take strengthening the protection of copyright as a starting point,bring literary roles into the scope of protection of copyright law from the macro perspective,and then analyze the cases from the judicial practice to see if the personages sued constitute the object protected by copyright law.Secondly,in order to avoid the disorder in the judicial practice,we should establish a clear method to judge copyright.In the process of identifying infringement,substantive similarity judgment should take into account the characteristics of literary roles in literary and artistic creation,and combine "partial comparison" and "overall comparison" to make a comprehensive comparison.The article holds that when discussing the copyright protection of literary roles,we should take strengthening the protection of copyright law as the value orientation,but at the same time,we should balance the interests of all parties to the greatest extent.