Research On The Issues Of Copyright Of Characters In Written Works

In the existing legal system,copyright law is an important means of protecting the image of characters in written works.As long as the fictional character written in text is displayed in the text work,the fictional character image will be protected by the copyright law together with the entire text work.However,the difficulty in protecting the copyright of characters in text works is how to protect the characters in this text work when they are used separately from the original text works.Regarding the copyright protection of character images in written works,the copyright law has continuously updated the protection standards.From the earliest judgments of "linguistic similarity" and "non-linguistic similarity" to the "narrated story" standard and "clear description" testing methods,the copyright law has been developing in the direction of protecting the characters in written works.However,the Copyright Law has no clear stipulations on the character images in written works,which has caused many disputes over the transaction of copyrights in character works in written works.Therefore,the copyright of character images in written works is often protected by other laws.The main body of the dissertation is divided into the following four chapters:Chapter One: Legal Protection of Characters in literary Works.Clarify the two concepts of text works and figures,and explain the concept of character figures in text works.Explain the necessity of independent copyright protection of characters in text works is analyzed through relevant cases.Chapter Two: An empirical study on the legal protection of the characters in the written works.Based on actual cases at home and abroad,the types of disputes over the copyrights of characters in literary works.In the judgments of these cases,it is explored how judicial practice solves the problem of copyright disputes over characters in written works.Chapter Three: the legitimacy of copyright law protection of characters in text works.This chapter analyzes other laws related to the protection of character images in written works in practice and prove that there are defects in the protection of characters in written works in other laws.Proved that the legal protection of the character image in the text works is most suitable to be realized by the copyright law.Chapter Four: Suggestions on Copyright Protection of Characters in Text Works by the Copyright Law.Based on the realistic problems of character image copyright in textual works analyzed in the previous chapters,trying to propose methods to prevent copyright disputes in the practice of copyright transaction.In the conclusion,this dissertation points out that,the legal protection of characters in written works should be regulated by the Copyright Law.Moreover,the protection of characters in written works by copyright law shall focus on the characteristics and value of written works.The Copyright Law clarifies the rules in this regard,which is conducive to reducing the conflicts of interest of interested parties,and encourages authors to make the utmost efforts to create better written works.