The Study On Fair Use System Of Commercial Cosplay

Recently,the rapid development of entertainment industry has changed the way of people using works.A case of Shanghai Animation Film Studio and Zhejiang Radio and Television Media Group Co.,Ltd.in 2017 requested the law decided the nature of commercial cosplay.In this case,the real person dressed in the same costume as the cartoon image,pretending to be the role of the character,according to the popular called cosplay,Chinese translation for "jue se ban yan." The word Cosplay was originally a mixed word evolved from the phrase costume play,which refers to the act of dressing up like the characters in anime,movies and books.In the past,only few people liked cosplay and it never conflicted with the author's interests,so the law let it go.But now,the author wants to share the user's growing interests.This thesis tries to analysis whether the commercial cosplay illegal or legal refer to article 21 of the Implementation Regulations of the Copyright Law.In the first chapter,the thesis starts with different kinds of cosplaying behaviors and concludes that it may infringe the exclusive right to reproduction,perform or adaptation.The second chapter first analyzes the definition of the certain specific cases in the the article 22 of the Copyright Law of China,and then analyzing what's the exact interests behind it.Secondly,define what is commercial cosplaying behavior ——related to profitable and industry.Then analyze the types of commercial cosplaying behaviors that may constitute special cases from the perspective of transformative use.In additon,this thesis suggests the law expand the scope of fair use.The third chapter first defines that the "normal use of works" in the system of fair use should include the restrictions of the use of the author.Secondly,it analyzes whether the cosplaying behavior conflicts with the normal use of the work from the purpose,extent,method and related market of the use.This thesis argues that there is no fixed correspondence between the above factors and whether it constitutes reasonable use.Commercial use,use in a manner not intended by the original owner,substantial use or heavy use can survive from the scope of the normal use.Whether the cosplaying behavior is legal should depending on the certain cases.The fourth chapter is divided into two parts.The first part identifies the legitimate interests of the right holder.It believes that the legitimate interests of the author should be tied with the public interest,including but not limited to the rights stipulated by the law.The second part analyzes whether the cosplaying behavior will constitute unreasonable damage to the legitimate economic interests of the original author from the market value of the original work and the new one,and the influence of the new work on the original work.When the cosplay behavior produces an alternative work or reducing the sales of the original,it unreasonably damages the original author's legitimate economic interests;when the cosplay does not crowd the original market,or even enhance the market value of the original ones and the sales volume of the original work are stimulated,the cosplay behavior of the commercial purpose should be recognized as a reasonable use of the original work.In general,judging whether the commercial cosplaying behavior demands fair use,it should be analyzed in conjunction with the specific circumstances of use to determine whether the use of the act involves freedom of conduct,whether it unreasonably prejudice the legitimate financial interests of the author,and whether it conflicts with the normal exploitation of the orignal author.