Study On The Chinese Fanfiction's Copyright Protection

In recent years,with the rapid development of China's economy and the continuous prosperity of the cultural industry,the writing of fanfiction in China has flourished.As a type of novel which was created twice,fanfiction is facing the risk of copyright infringement in now society.Due to the variety of fanfiction creations and unclear legal attributes,there have been a large number of copyright infringement litigation disputes between original authors and fanfiction authors in China's judicial practice.For a long time,because of the single communication channel and the limited audience,the fanfiction have not been properly protected by China's copyright law.Nowadays,China's Internet industry is developing rapidly,which has broadened the channels for the spread of fanfiction.The reading group of fanfiction is constantly expanding,and the social influence is constantly increasing.It is necessary to improve the legal system of copyright in China and strengthen the copyright protection of fanfiction.This article starts from the existing provisions of China's Copyright Law,aims at the problems existing in the protection of fandom's novels in China,draws on useful experience from abroad,and on the basis of clarifying the work attributes of fanfiction,puts forward suggestions to improve the relevant provisions of China's Copyright Law,with a view to From the perspective of "Copyright Law",the legal protection of fanfiction is given a positive response to resolve the conflicts of interest between the authors of the original works and the authors of fan novels.In the network environment,absorbing advanced foreign experience is an important way to protect the fanfiction in China under the "Copyright Law".The United States treats fanfiction as a general work,while Japan treats the creation of fanfiction as an illegal act.However,due to the low risk of litigation,it protects the creation of fanfiction in disguise.Although the rigorous degree of copyright protection for fanfiction in the United States and Japan is different,they all recognize the phenomenon of fanfiction.It is worthy of study by our country 's legislators in terms of the fair use system and the permission of fanfiction to the author of the original work.There are four reasons for the lack of clear legal attributes of fanfiction,inconsistent standards for determining the originality of works,inflexible provisions of the fair use system,and the lack of a compulsory copyright licensing system.The difficulties faced by the legal protection of fanfiction in China are mainly manifested in the difficulty of obtaining the permission of the author of the original work for the adaptation fanfiction,the lack of legal protection for non-adaptation fanfiction,and more copyright disputes involving fanfiction.An in-depth analysis of the difficulties faced by the protection of fanfiction novels in China is aimed at finding a copyright protection model for fanfiction with Chinese characteristics.There are many types of fanfiction,and they are divided into adapted fan novels and non-adapted fan novels according to the way of creation.The rise of non-adapted fanfiction has impacted the original types of deductive works.Adapted fanfiction is an adapted work.There are clear protection measures in the current Copyright Law,but due to the uncertainty of the legal attributes of non-adapted fanfiction,the Copyright Law lacks clear legal protection for it.For adaptation and non-adaptation fanfiction,future amendments to the Copyright Law should clarify the originality standards of the works,expand the scope of the deduced works,improve the reasonable use system and the compulsory licensing system.The protection of fanfiction as secondary creation works is conducive to perfecting the copyright protection system of fanfiction in China and building a harmonious and stable fanfiction cultural market.