Research On Copyright Cases Of Virtual Role Image

With the development of new business promotion methods,A large number of derivatives have appeared in various virtual character images with greater influence.Simultaneously,the proliferation of unauthorized derivatives also makes the rights of copyright holders unprotected.How is the virtual character image protected by copyright and how to protect the rights of copyright holders in practice has become a hot topic in recent years.Shanghai Animation Film Studio enjoys the copyright of the role image of "Huluwa",Three companies such as Zhongqingbao used role image of "Huluwa" in their games and game promotion without the permission of Shanghai Animation Film Studio.Shanghai Animation Film Studio believes that the actions of the three companies infringe the copyright and constitute unfair competition,and Sue to the court on this ground.Similar to the case of virtual character image copyright protection in recent years,there are three main points of controversy in this case:Whether virtual role image can be protected by copyright law alone?What is the difference between various sub-rights in copyright,especially the right of reproduction and adaptation?The role of anti-unfair competition law in copyright protection.In the first place,It is generally believed that the virtual character image that constitutes the expression can be protected by Copyright Law alone.Whether "clear portrayal" is the standard for judging whether the virtual character image is individually protected by Copyright Law.Secondly,Each subright of copyright is different,The distinction between the right of reproduction and the right of adaptation follows the principle of substantial similarity.There are different judgment standards for the definition of substantive similarity in judicial practice.At last,Copyright infringement is often accompanied by unfair competition.Both the copyright law and the anti unfair competition law have their own limitations,only by properly handling the relationship between the two can we better protect the copyright of the virtual character image.In summary,in order to improve the protection of virtual character image,it is necessary to give judicial interpretation to such issues as whether the virtual character image individually protected by Copyright Law,Clarify the protection standards of Copyright Law,Expanding the subject scope of Anti Unfair Competition Law.In addition,when conditions are ripe,new systems and powers should be introduced to better protect the image copyright of virtual characters.