The Legal Protection Of The Copyright In Fan Fiction

The rapid accumulation of audience groups in a short period of time,a large number of creative works,increasingly intense copyright disputes litigation,so that fan works from a part of the spontaneous formation of a small circle into the public field of vision.The original intention of the creation of "living for love",which used to be free of remuneration,has been gradually mixed with commercial purposes because of the huge economic benefits transformation visible to the naked eye.In the all-media era,the works of the fan works more diverse forms of creation,showing a blossoming trend.However,Fan works have always been rooted in the soil of the previous works,which has led to the questioning of fan works from the beginning of their existence,and in recent years,there have been more and more copyright disputes with the original works,to the point of Data East USA,Inc.V.Epyx,Inc..Due to the lag of law,there is no clear standard and method to protect the copyright of the work of the fan works,which makes the work of the fan works face infringement because of the conflict of the copyright with the original work,so the protection of the work of the fan fiction can not be mentioned.However,facing the cases of torts of the fan works’ s works in judicial practice,the judges need to use their discretion in a large amount.In the framework of Copyright Law,it is impossible to settle disputes between the work of the fan works and the original work,and the author of the original work can only seek protection under the Unfair competition law.On the one hand,anti Unfair competition laws do nothing to prevent fan fiction from entering the market through commercial publishing.On the other hand,the lack of standards for judging fan fiction leads to a lack of security for fan fiction creators,which is not conducive to the prosperity of the literary environment.Therefore,it is necessary for us to sort out the conceptual features of fan works and analyze the copyright conflicts between fan works and original works.And further to analyze the necessity and legitimacy of the legal protection of the Copyright of the works of the fan works,thus summing up the existing limitations of China’s current legal framework of copyright,to find a feasible scheme for perfecting the Legal Protection System of the Copyright of the works of the fan fiction.This paper starts with the main concept and source of the creation form of the work of the fan works,analyzes the basic characteristics of the work of the fan works,and analyzes the differences and connections between the work of the fan works and the similar concepts such as deductive work,creation of the fan works and plagiarism.Starting from the legislative purpose of copyright law,this paper analyzes the legal principles and judicial practice cases at home and abroad to demonstrate the legitimacy of the copyright of the fan works’ s works,and then demonstrates the feasibility of the legal protection of the copyright of the fan works’ s works,so as to find a legal interest balance point for the fan works’ s works and the previous works.At the same time,through the analysis of the relevant provisions of the fair use and the responsibility of the communication platform under the framework of the current copyright law of China,this paper analyzes the limitations of the legal protection of the works of the fan works in the legislative and judicial system.Furthermore,it discusses how to increase the reasonable use standard in copyright law,and how to use knowledge sharing agreement and copyright compulsory licensing mechanism to authorize the works of the fan works,so as to further protect them.