A Resolution Study On The Application Of Laws For Fan Works Infringement

The prosperity of the literature market and the popularization of Internet literature have spawned a new type of literature,the Fan Works—fictional works based on characters that already exist.With the continuous increase in the number of fan works,there are more and more disputes involving infringement in fan works,which have attracted widespread attention from various parties,such as the Jin Yong v.Jiangnan Case.Although fan works creation has existed since ancient times,the occurrence of its infringement disputes mainly stems from the changes in the way of dissemination of works in the digital age and the consequent diversification of its creation.Normative analysis and practical analysis show that the main issues of the current infringement of fan works creation include: whether fan works creation infringes others' adaptation right,integrity protection right,and whether fan works dissemination should be regulated by Anti-Unfair Competition Law.As a new form of literary creation,fan works has positive significance in promoting cultural prosperity and enriching people's spiritual and cultural life.Therefore,in the application of laws about the infringement disputes of fan works creation,the basic principles of encouraging creation,honesty and credibility,and balance of interests should be considered,so as to protect the prior copyright while taking into account the interests of others and the public.Based on the above,in the judgment of the infringement disputes of fan works,the corresponding judgement basis should be selected between the the Copyright Law and the Anti-Unfair Competition Law according to the different degree of its connection with the previous work and its dissemination method.In the long run,in order to unify the judging criterion and better balance the interests of all parties in the creation of fan works,it is necessary to further clarify the relationship between the relevant refereeing basis,explore the rules for protecting the rights and interests of virtual characters,and enhance industry self-discipline.In addition to the introduction and conclusion,this paper mainly consists of five parts.The first part defines fan works creation and their infringement disputes.This part starts with an overview of fan works creation and introduces the types of fan works on account of different standards,and then elaborates the theoretical and practical disputes of fan works creation from the perspectives of legal norms and judicial practice,to pave the way for subsequent arguments in this paper.The second part presents the basic principles for the application of laws about the infringement disputes in fan works creation.On the basis of the summary of the existing infringement disputes of fan works creation,this part has identified the principles of the settlements for the infringement disputes of fan works creation in accordance with the principles of encouraging creation,honesty and credibility,and balanced interests.The third part analyses the application of Copyright Law in the settlement of the infringement disputes of fan works creation.Starting from the foundation of the copyright claims,this chapter demonstrates the legitimacy of the Copyright Law adjustments in the case of interest conflicts of fan works,delving into the relationship between fan works creation and the adaptation rights and the rights of keeping integrity of works,further clarifying the applicable principles of the substantially similar infringement determination principle and the fair use system as an exception.The fourth part probing into the possibility of constituting an act of unfair competition in fan works creation.The author induces the judgment criteria for the infringement liability in fan works under unfair competition acts,and analyzes the unfair competition acts involved in The Youth Here in this part.The fifth part focuses on the improvement of the settlements to the infringement disputes in fan works creation.Firstly,the applicable relationship between the Copyright Law and the Anti-Unfair Competition Law is clarified,under the regulation of infringement disputes in fan works creation.Secondly,this part is designed to construct a protection mechanism for the rights and interests of the virtual character's figure and then demonstrates its feasibility.Finally,the author advocates the promotion of self-discipline and knowledge-sharing agreements in the fan works creation industry,and presents the advantages of the two under distinct usage requirements.