Research On The Infringement Of The Authorship Of The Original Works By Fan Fictio

With the development of the Internet,more and more fan fiction has been published on the Internet,and fan fiction originally belonging to the cultural circle of the minority has become increasingly influential.With the outbreak of commercial exploitation of fan fiction,Jinyong sued Jiangnan case brought the contradiction between the author of fan fiction and the copyright owner into public view.Therefore,people from all walks of life pay attention to the copyright infringement of fan fiction.Although most fan fiction is not commercially exploited and ignored by the original author,fan fiction is always in the shadow of being sued for infringement and walks in the legal gray area.Fan fiction author's own rights can not be protected,the value of fan fiction can not be fully developed.This imbalance of interests between the author of fan fiction and original authors will seriously affect the development order of the cultural industry and is not conducive to the creation and dissemination of literary worksFrom the existing judicial practice,fan fiction writers are usually prosecuted for copying other people's works,infringing upon their personal rights and adaptation rights,and for protecting the image of their literary characters.lt is necessary to analyze these conflicts by combining the creation characteristics of fan fiction with the understanding of the content of copyright law.At the same time,the causes of these copyright conflicts should not be ignored.First,the boundary of fanfic tort law is blurred.Due to its unclear legal nature,it does not belong to the adaptation-based works in China's copyright law,and it is difficult to clearly determine whether the literary works are infringing due to the limitations of the current identification methods.Second,fan fiction is difficult to apply' the system of reasonable use.Copyright law limits 12 reasonable use cases,fan fiction is difficult to match,is likely to be caught in the vortex of plagiarism.Third,it is difficult for fan fiction to obtain authorization from the original author.Obtaining the authorization of the original author can legalize fan fiction creation and commercial use,but the cost of obtaining the license is higher and more difficult.In order to solve the above problems,it is suggested to make clear the legal boundaries of fan fiction infringement and expand the scope of works in China's copyright law.When judging whether fan fiction infringes upon copyright,attention should be paid to the role of identifying symbols borrowed from original works.By accepting "Legitimize parody and critical fan fiction by recognizing "Conversion use".we can legitimize parody and critical fan fiction.By adopting the mode of legal license,the problem of authorized fan fiction can be solved.In terms of civil autonomy,we can learn from the interest sharing model of the Amazon publishing platform and build a communication platform for the original copyright owner and the author of the the fan fiction author,or promote a knowledge sharing agreement to encourage everyone to share and cooperate.It is hoped that these studies can further clarify the copyright boundary between fan fiction and original works,so that fan fiction can be protected by law and develop healthily within legal norms.lt is helpful to strike a balance between protecting the interests of copyright owners and encouraging the creativity of the public.