Study On Cases Of Infringement Of Fan Fiction

With the development of technology,fan fiction is gradually involved in the people's life by the means of Internet.Initially fans communicate with each other by exchanging fan fiction in a small circle.Until now,excellent fan fictions are appreciated by the public,even publishing,which lose the mystery.Because of the characteristic of fan fiction which use the material or characters of original novels to narrate their own stories,authors of original novels pay more attention to these fan fictions.Some of these authors decide to invoke law to protect themselves.Consequently,people arise the hot debate for this issue that fan fiction infringe the copyright of original work or not.This essay is going to discuss three groups of cases,which intend to research the copyright infringement of different kinds of fan fiction that use material from original books in varying degrees,finding the boundary of the infringement of copyright.At the same time,proposing some ideas about the confirmation of copyright infringement of fan fiction cases to our country trial at present stage.This essay consists of three parts: Introduction,Text and Conclusion.The Introduction proposes the motivation creating this essay,because nowadays fan fiction is one of the hottest topic in the copyright filed.With the development of variable era,the status and exposure degree of fan fiction also increases.In recent years,the case of fan fiction has been becoming numerous and multiple.Hopefully,providing several ideas and reference for the relevant case in the practical work by theresearch from this essay.The Text is composed of three parts:The first chapter analyzes the case of Ci Jian De Shao Nian,and expounds how specifically apply the principal ‘idea and expression' in the practical work.Meanwhile,author forecast the judgement of this case,and through this case,summarizes and analyzes whether this kind of fan fiction which only use the name of character from original books constitutes copyright infringement.The second chapter compares different judgement of the case of Mo Jin Xiao Wei and the case of The Catcher in the Rye,analyzes the substantial similarity of respective original book and fan fiction,and proposes the method of confirming the substantial similarity in fan fiction case.Finally,author supplements judgement by comparing and analyzing the fan fiction and original book in the case of Mo Jin Xiao Wei.The third chapter analyzes the situation where fan fiction can apply for fair use to protect themselves by comparing the case of Gone With The Wind and the of case Star Trek,and conditions constituting fair use.At the end,according to the four principals of American fair use and source of law of fair use,author make comments to the case of Gone With The Wind.The final part of this essay is a conclusion which is the summarization of the whole article.This part concludes some pots which need to be focused at present stage of trial,and points out some kinds of fan fiction that probably constitute copyright infringement.And the article proposes some suggestions which can be learned from these cases when our courts hear relevant cases.