Research On Copyright Protection Of Fan Works

Fanfic works have been developed for a long time in China,but it is still a new product compared with Japan or European and American countries.In addition,fan fiction has only attracted the attention and research of the theoretical circle in recent years with the increase of relevant lawsuits.At present,fanfic is still not a legal concept,and its concept has not reached the unified and widely accepted requirements.On the basis of enumerating the representative definitions,this paper extracts the relevant elements in the existing definitions,summarizes the definitions of fanren's works,and analyzes their characteristics on this basis.Classify fanfic works according to different standards,and distinguish fanfic works from related concepts,including plagiarism,parody and deductive works.As fanfic works are still emerging products in China,the regulation of this kind of works is not perfect,and there is a lack of experience in relevant protection,which leads to many problems in the process of protection.At present,China has not made clear provisions on fangren's works at the legislative level,and the protection mode of China is mainly reflected in the relevant lawsuits in recent years,among which the typical case is "jin yong v.jiangnan case".In this case,the trial court held that the work of the same person in this case did not infringe the copyright of the original work,but the relevant ACTS constituted unfair competition.This case can abstract the deficiencies in China's protection of fanatic works,which are mainly reflected in four aspects: 1.Unclear legal nature,that is,fanatic works are not protected by China's copyright law;2.Excessive application of anti-unfair competition law;3.The conflict with the copyright of the original work is embodied in two aspects: on the one hand,the conflict with the personal right of the original work;On the other hand,it conflicts with the property right of the original works.4.The limitations of the application of the fair use system are mainly reflected in the fact that fan works cannot be included in the existing fair use system;Through the discussion and analysis of the above four problems,the purpose is to clarify the problems encountered in the protection of fan works,so as to focus on the discussion in the following text.So far,the experience abroad has been largely Japanese and American.As the origin of fanfic culture,Japan always acquiesces to fanfic works and defines them as "reciprocal tort",that is,although fanfic creation is a tort,the author of the original work does not claim that it can bring benefits to both sides,which is also the main reason for the prosperity and development of fanfic culture in Japan.However,with the signing of the TPP agreement,fanfic culture will suffer a certain blow in Japan.The United States has a perfect system and strict attitude towards fanfic works,but it also USES "conversion use" to judge whether fanfic works constitute reasonable use.Finally,on the basis of clarifying the problems encountered in the protection of fan works and domestic and foreign experience,this paper puts forward some targeted Suggestions.Specifically,the legal status of fan works should be clarified,the anti-unfair competition law should be modest in application,the role of CC sharing agreement in resolving the conflict with the copyright of the original works should be given full play,and the fair use system should be open changed.