Research On The Protection Of Virtual Role Copyright

The content protected by copyright law is the original expression,from which we can see that if the content meets the conditions of the protected object,the task of creation is also protected.There are two conditions: originality and externalization.Both of them are the focus of copyright.If the characters are unique,rich in connotation and well-known roles,they should be protected.There are many types of virtual roles that meet this condition,not only in film and television works,but also in literature.Now virtual role is not only controversial in literature,film and television works,but also in life and even online games.Virtual role is composed of different elements.According to different types,it can be divided into literary role,cartoon role and audio-visual role.Copyright law can also protect virtual roles from these two perspectives.Due to the different characters of the characters,the different torts and the different degrees of originality,the copyright law has some shortcomings and limitations in the protection of virtual roles.Whether the name of virtual role can be included in the scope of object when it is protected by copyright law,the lack of unified standards for determining infringement by literary role,and what kind of rights should cartoon role use be included in,etc.are the defects of virtual role protection in copyright law,which need to be improved.In judicial practice,many fictitious characters are protected as works,not as accessories,when they meet certain conditions.However,due to the limitation of virtual role itself,there are still problems in the process of protection,and its corresponding rights are not well protected.There are some limitations in the protection of virtual role in the current copyright law of our country.This paper discusses and draws a conclusion through the cases of the protection of virtual role copyright in literary works and visual works.First of all,it analyzes how Germany,the United States and other developed countries protect this kind of virtual role when making relevant laws and regulations.This paper points out that if this kind of role can be used alone because of its unique connotation or image,and can be distinguished by people,it should be the object of copyright protection.Second,we should refer to the case law of foreign countries,and introduce some cases with reference value,which has a positive effect on the fair and just judgment,and can also make the relevant laws that were slightly vague have certain judgment basis.Third,through a more perfect system of laws and regulations to ensure the correct protection of the virtual role,in addition,we should also through the effective use of trademark law and anti-unfair competition law and other relevant laws and regulations to supplement the current system of laws and regulations.