A Study On The Copyright Protection Of Fictional Characters

Both the world legal theory and China's legal system have admitted that the original literary and artistic works are the protection object of copyright law.However,with the increase of the popularity of the works and the expansion of the audience groups,many independent "fictional characters" in the virtual works have created their own value which can be separated from the works and enjoyed independently due to their rich and representative Settings,plots,descriptions,etc.In recent years,case disputes related to fictional characters have mushroomed.Both legal theories and real cases show the vacancy of legal regulations related to fictional characters.However,in the face of increasing practical needs,China's current theoretical research and laws and regulations have not made clear provisions for the fictional characters,nor has there been any supplement or judicial interpretation related to this concept.The lack of explicit provisions and standards leads to the dilemma that there is no law to be invoked in the judgment of cases,resulting in great uncertainty in the judgment of a large number of cases.However,many cases with similar details have different judgments,which exposes the vacancy of legal provisions in this part and also provides space for theoretical research.In this paper,the main content is divided into four chapters.Using literature research,comparative analysis,sum up and deductive reasoning,and other research methods,this paper analyze the basic theory and the legal necessity of fictional character,and summarizes the domestic and foreign existing fictional characters of copyright protection of experience to infringement problems.Based on the combination of theoretical knowledge and practical experience,this paper puts forward the methods to improve the model of protecting fictional characters in the field of copyright law.This paper aims to provide a more appropriate copyright law protection system for fictional characters and puts forward some Suggestions for improving the copyright law system of fictional characters in China.The main viewpoint of this paper tends to support that fictional characters are protected by copyright law,and the protection measures for fictional characters should be further refined.This paper puts forward that fictional characters should be formally included in the protection object of copyright law,and the criteria for determining infringement and compensation amount of copyright law should be made more clear.