Research On The Copyright Protection Of Virtual Characters In Literary Works

The development of network technology has accelerated the rises of IP copyright operations and pan-entertainment content.The "one source,multiple uses" copyright usage method makes the value of virtual characters after commercial using far exceed their combined value with the entire literary work.The adaptation and utilization of virtual characters in literary works has become one of the issues frequently involved in copyright disputes.For example,the case of Xuan Ting Company v.Tianxia Bachang for copyright infringement,Wen Rui’an v.Beijing Wanxie Technology Company for infringement of work adaptation rights,and Jin Yong v.Jiangnan for copyright infringement cases etc.,which all involved the issue of interest disputes between the right holder of the original work and the secondary development user of the virtual character.However,at present,the copyrightability of virtual characters in literary works is controversial.Whether the virtual characters in literary works constitute copyright-protected works,and how to delimit the protection degree and the protection boundary if constituted,the opinions in the academic circle are different.The emerging new disputes and theoretical disputes in practice make it extremely meaningful to discuss the protection of virtual characters in literary works in the context of copyright.This article is devoted to exploring how to solve the dilemma of the copyright legal protection of the virtual characters in literary works in my country.By clarifying the relevant concepts,drawing on the experience of foreign countries,based on the basic theory of copyright,from the two levels of legislative provisions and judicial practice,it analyzed the existing problems of the copyright protection of the virtual characters in literary works,and put forward suggestions on the improvement of the protection mode of the copyright protection of the virtual characters in literary works.Specifically,this article mainly expands through the following part: Firstly,it sorted out the concept of virtual characters in literary works,the constituent elements of virtual characters in literary works,the use of virtual characters in literary works,and the legislative provisions of virtual characters in literary works.Then,it introduced and analyzed the legal protection systems for virtual characters of literary works in foreign countries such as the United States,Germany and South Korea,and found out the legal measures that can be used by our system.Subsequently,combined with some hot cases such as Jin Yong v.Jiangnan case,Xuan Ting Company v.Zhang Muye case,and Da Zhangmen Game case,it showed the current status of the practice of copyright protection of virtual characters in literary works in my country,and analyzed the current legislative level and judicial practice in my country on this basis.The limitations and deficiencies in the judicial practice mainly included the limitations in the theory of trademark protection in judicial practice,excessive reliance on the anti-unfair competition law for protection,insufficient copyright protection legislative provisions,and unequal copyright protection practice standards.Finally,suggestions are made for perfecting the copyright protection of virtual characters in Chinese literary works.First,through the dichotomy principle of originality and ideological expression,it is proved that the protection of virtual characters of literary works conforms to the theory of copyright,and the virtual characters of literary works constitute the object of copyright protection to prove the legitimacy of copyright protection of virtual characters of literary works.Second,improve the corresponding legislative provisions for the copyright protection of virtual characters in literary works,such as improving the scope of copyright protection and improving copyright restrictions.Third,clarify the identification standards for copyright infringement of virtual characters in literary works,such as further clarifying the application of the principle of liability for copyright infringement,and reconstruct the applicable standards for identification of substantive similarity.