The Copyright Law Path Of Literary Role Image Protection

The image of the literary character is presented in words,and the author's arrangement of the words and the combination of the story makes it gradually full.The literary role image is a combination of the role name,appearance,and personalization characteristics.With the rapid development of people's entertainment methods,the literary role image is presented more and more,and the phenomenon of commodification is becoming more and more common.It enriches people's material and cultural life,and also causes related copyright disputes.However,due to the lack of relevant legal basis and clear and unified judgment standards in China's judicial practice,such copyright dispute cases have been different cases.The issue of copyright law protection of literary role image needs to be solved urgently.In-depth analysis of the literary role image,fully analyze whether the literary role image can be protected by copyright law,can make a correct judgment in the role infringement case,and provide sufficient and reasonable protection for the literary role image.In addition to the introduction and conclusion,this article is divided into five parts.The first part describes the basic categories of virtual character images and the industrial use of literary character images.By defining the definition,characteristics and constituent elements of the virtual character image,and analyzing the characteristics of different role image types and the status quo of legal protection,this paper points out the object that needs to be analyzed and judged-the literary role image.Secondly,it analyzes and summarizes the status quo of industrial use of literary role image,and concludes that the literary role image has great commercial value and needs legal protection.The second part explores the current legal protection model for the image of literary characters.Through analysis and comparison,it is more appropriate to legally protect the image of literary characters by the copyright law protection model.The third part mainly introduces that the current protection of literary role image by copyright law may still hinder the theory and judicial practice.The obstacles at the basic theoretical level are mainly the ideological expression dichotomy and the independence of the work requirements for the literary role image.The obstacles in judicial practice are mainly expressed through four cases,and it is concluded that there is no uniform judgment standard in judicial practice in China.The fourth part is a breakthrough in the obstacles in the third part of theory and practice.A fully expressed literary character image has been fixed in the creative process,and then forms its objectively recognizable expression in the form of words,in line with the dichotomy principle of ideological expression.Secondly,drawing on the relevant jurisprudence standards in American judicial practice,when the image of a literary character is fully described and fixed,it is not within the scope of reasonable use,and has a completely different meaning from the original text,the character image is separated from the original text.It has achieved independence and has become the object of copyright law protection.The fifth part is the optimization suggestion proposed for the copyright protection approach of literary role image.When the literary role image can be independent of the original text,it becomes the object of copyright law protection,and it needs to judge from two aspects in the face of infringement.First,it is necessary to judge the literary role image as a whole;the second is to compare whether the two literary role images constitute a substantial similarity should be based on the appreciation experience of the relevant audience.