Research On Copyright Protection Of Virtual Role Of Literary Works

In recent years,with the rapid development of Internet technology and the rise of fan culture,there have been more and more infringement disputes caused by the unauthorized use of virtual characters in other people 's literary works,and the forms of infringement have become more diverse.Without the permission of the right holder,reauthoring or commercializing the role created by others will seriously infringe the rights of the right holder,and will not be conducive to the sustainable development and innovation in the field of literary creation.However,in the current judicial practice,due to the lack of clear provisions in legislation,the copyright protection of the virtual role of literary works faces many constraints,and the courts often fall into a passive state of “unable to rely on”.Therefore,whether the virtual role of literary works can be separated from the works and protected by the copyright law alone has become a hot topic of research.From the general theoretical point of view of copyright copyright,there are indeed some literary works virtual characters that can meet the qualification requirements of the copyright object,and even some well-known classic literary works virtual characters have high independent protection value;from the perspective of legal economic theory,The author needs to put a lot of mental effort to create a virtual character that meets the requirements of literary works.Such intellectual labor achievements have the theoretical legitimacy of independent protection by copyright law,in line with labor property theory,and in line with the principle of marketization with optimal economic benefits..From the perspective of the status quo of protection in China,the existing legal system cannot meet the protection requirements of the virtual roles of literary works: the copyright law does not clearly give the legal protection status of the virtual roles of literary works,and it is difficult for other subsidiary laws to give them sufficient protection.The lack of legal basis directly leads to the failure to form a unified refereeing rule in the handling of related disputes in judicial practice,and there are many uncertainties in the refereeing result.After years of theoretical research and judicial practice exploration,some countries outside the region have summarized a number of ways to use copyright law to protect the virtual roles of literary works and summarized some standards for protecting the copyright of literary works virtual roles.These explorations can provide useful help for the establishment and improvement of the relevant system of the virtual role of literary works in China in the future.In the future,our country should establish relevant copyright law protection systems from various aspects: first,the protection status of virtual characters should be legislated;secondly,reasonable copyrightability standards for virtual characters in literary works should be set;The key issues such as compensation standards and protection period in infringement shall be improved.