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Study On The Copyright Of Fan Works

Posted on:2021-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:H FuFull Text:PDF
GTID:2416330629454172Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
We are in an era of digitalization,and the Internet is affecting everyone's life with acceleration,which also makes copyright infringement more and more serious.This means that the current copyright system is facing severe challenges from global infringement activities.Thousands of unauthorized fan works are produced every year,but the current legal situation seems difficult to deal with.What is different from the past is that today's fan works have gradually evolved into different types,but the uneven development of information technology and copyright law makes the fan works face the risk of conflict with the original author's copyright.Since the fan works are completed by fans of the original author on the basis of the original works,their nature,authorship and status are uncertain.Fandom works stand at the intersection of the key issues of profit-making purpose,copyright and anti-unfair competition,making it particularly important to discuss whether and to what extent the fanwork works are protected from copyright infringement liability.This article aims to solve a major research question,can a flexible cooperation mechanism be established between fan creators and copyright owners to solve the complex problem of fan works,ie if the latter can control the former and its works to a certain degree,The activities of the former can be legally justified to a certain degree.On this basis,this article is divided into six chapters in order to better study the copyright related issues of fan works: First,a comprehensive introduction to the current research situation of fan works,mainly to describe the basic situation of fan works,mainly including its The theoretical basis of concepts and characteristics and their legitimacy,explored the famous dichotomy of ideas and expressions in copyright to seek the boundaries between ideas and expressions in fan works,and proceeded from the traditional tort framework to analyze the current form of infringement judgment Seeking a more reasonable framework for determining the infringement of fan works.By analyzing the shortcomings of the fair use system in my country under the problem of fan works,the aim is to be able to use "convertible use" to make judgments about the reasonable use limits of fan works.Finally,through a lot of argumentation and analysis,three moreimportant problem-solving approaches are proposed to further clearly and reasonably protect fan works: reasonable expansion of the scope of the reasonable use system,attempts to establish a more reasonable interest coordination model,and by improving fan creation The legal consciousness of the authors strives to improve the self-regulation mechanism of the fan community to achieve the purpose of protecting the copyright of fan works.Through the research on the copyright of fan works,I hope to be able to clarify the legality of fan works in my country's legislation and judicial practice while maintaining the legitimate rights and interests of the copyright owners.Create a relaxed,inclusive and creative environment to better promote the development and prosperity of culture and science.
Keywords/Search Tags:Fan fiction, Substantial similarity, idea and expression, Fair use
PDF Full Text Request
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