Research On The Copyright Issue Of Fan Works In My Country

The "fan works" mentioned in this paper refer to the work of the second creation by the use of elements such as characters and scenes from other people's works.Fan works have specific cultural and economic value,but the current law of our country has an ambiguous division in rights between “fan works” authors and original authors.The copyright dispute of fan works is controversial and the related disputes are difficult to resolve,it restricts the survival and development of the fan works to a certain extent,and the positive effect of fan works can't show up perfectly.Therefore,it is necessary to clarify the inconsistencies between fan work authors and original authors,and further put forward appropriate solutions.This article mainly uses the literature research method,the investigation method and the case analysis method to carry on the research.First,the paper define the concept and classification of fan works.Then,the author makes a value judgment on the basis of analyzing the value standpoint of the right owner of the original work and the right owner of the fan works.Finally,the author analyzes the related solutions to the copyright dispute of the fan works.This article includes three chapters besides the introduction and conclusion.The first chapter is divided into three parts except the summary: the concept and characteristics of the fan works,the value of the fan works,and the classification of the fan works.This chapter defines the concept of fan work,it is pointed out that fan work has a certain cultural value and economic value,and it analyzes the development dilemma caused by the lack of clear laws and regulations.It summarizes three features of fan works including adherence,originality and non-identity of authorship and discusses the ways of classifications which have legal significance.Adaption fan works' authors need to get the permission of original fan works' authors before using the content of the original works,but the non-adaption fan works may fall into the category of the rational use;The parody of the fan works has its own critical features,which can be interpreted as indirect comments different from the more direct literary criticism methods,such as reaction to a book or an article,impressions after reading,the book review and the film review.Non-commercial fan works may include intrinsic logic of that the fan work has small scope of communication or even does not substantially affect the original work's market.When a fan work's author is not for profit,and it has virtually no economic benefit and brings about social benefits,what' more,it doesn't influence the market and even can bring some publicity to the original works,then this kind of fan works will not be recognized as tort under the public's simple conception of justice.The second chapter is divided into three parts except the summary: the original work author's rights protection basis,the fan work author's defense basis and the value analysis and judgment of the two sides.The author's rights protection basis mainly includes the right of signature,the right to protect the integrity of the work,the right to adapt,the right to image,the right to commercialize,unfair competition of fan works and their works or suspected plagiarism.The fan work author's defense basis mainly include freedom of expression,the reasonable use,non-commercial property of partial fan works,its promotion function for the the original works.Based on the analysis of the original work author's rights protection basis and the fan work author's defense basis,the paper thinks the copyright-related personal rights should be protected as far as possible.In the aspect of property copyright,we should keep the balance of protecting the original author's copyright,the express right of fan works' author and the public intellectual progress.The third chapter is divided into three parts except the summary: the legislative level,the judicial level and the outside litigation settlement mechanism.The mature and necessary theory can be included in the legislation.Add bottom clause to Article 22 of Chinese copyright Law and refine the definition of adaptation right in copyright Law.To judicial level,the more difficult cases can be concluded by judicial mediation.If mediation fails,a set of stable and reasonable adjudication standards should be gradually formed in judicial practice.The guidance casesshould be issued to guide the judgment of the copyright dispute related fan works.Play the role of CC protocol to promote the communication between the original authors and the fan works' authors to avoid conflict.Even if the right holder of the original works has a real conflict with the owner of the fan works,it is not necessary to go through the judicial process.The dispute can be settled through arbitration and civil mediation.