Research On The Protection Of Virtual Character Commercialization Right

There is no uniform and complete legislation on the commercialization right of virtual role in all countries of the world,and the theoretical circle has not reached a unified understanding of the legitimacy theory and right boundary of its protection,which can only capture the signs of its existence in individual legal provisions and some judicial practice in our country.The commercialization right of virtual role is not only a concept,but also a right at the theoretical level.At the factual level,the right of virtual role commercialization should be regarded as a kind of "privilege" protection to the right holder of the role.This paper first explains the concept of virtual characters and the classification views of Chinese and American scholars on virtual characters,and briefly introduces the meaning of literary characters,cartoon characters and audio-visual characters.After that,the concept of virtual role commercialization right is analyzed,the object of this paper is clarified,and the development course of this right right in law is explained,so as to further understand the virtual role commercialization right.Secondly,this paper selects the judicial cases related to the commercialization rights of virtual characters in China,and studies the protection of the commercialization rights related to the Chinese characters,cartoon characters and audio-visual characters in the judicial practice of China,based on Professor Wu Handong's classification criteria of virtual characters.Through the analysis of the reasons for protecting or not protecting the court and the right holder seeking effective remedies,thispaper draws the experience of protecting the right of commodityization of this kind of virtual role.It is difficult for literary characters to be protected separately in copyright law,the courts lack a unified understanding of the particularity of the recognition of literary characters' popularity,the different recognition of what cartoon characters constitute is based on the different actual right holders of the characters,and the protection of audio-visual characters is based on the legislative purpose of the law.Thirdly,this paper briefly introduces the general situation of the protection of the commercial rights of literary,cartoon and audio-visual characters in the United States,and analyzes the protection differences and references between the two countries based on the current situation of the protection of the commercial rights of various virtual characters in the judicial practice of our country.American courts consider that the copyright of literary characters is unoperable and difficult to achieve fair and just,which is consistent with the current situation of our protection of such problems.American courts require more strict recognition of the copyright of cartoon characters than our country,and American courts protect audio-visual characters similar to ours.Finally,the paper summarizes the suggestion of protecting the right of the virtual role commercialization,and draws the following conclusion: the protection of the right of the virtual role commercialization in our country does not need to identify the copyright of the literary role first,it should pay attention to the particularity of the recognition of the literary role.