Research On The Copyright Issues Of Fanfiction

The rapid development of the times makes the same culture grow more and more vigorously,and it is no longer a hidden "circle self sprouting" small crowd culture,and with a series of cases of commercial infringement of the works of the same person,it has entered the public view.There are many conflicts between the works of the same person and the original works on which they rely.There are unreasonable disputes on the personal rights and the property rights of the copyright.Because there is no clear stipulation in copyright law of the world on the creation and exercise of the rights of the same person works,the disputes between the same person works and the original works frequently occur in judicial practice,even the disputes about the infringement damage of the works of the same person occur frequently.The lack of legal provisions makes both parties have their positions,conflicts continue,and are difficult to be effectively solved.The problems arising from the works of the same person are becoming increasingly obvious.Therefore,it is urgent to solve the conflicts and disputes arising from the works of the same person.The legitimacy of the works of the same person is the key to solve these contradictions and disputes.In order to study the copyright protection of the works of the same person,through the methods of literature research and comparative research,based on the theoretical analysis of the works of the same person,combined with the judicial practice and experience at home and abroad,this paper attempts to put forward some feasible suggestions on the copyright regulation of the works of the same person.Only on the basis of clarifying the concept,nature and characteristics of the works of the same person,can we clarify the inevitability of the copyright protection of the works of the same person;and only by giving the works of the same person an accurate positioning on the legal level,can we better study the copyright protection of the works of the same person.With the rapid development of Tongren culture,there are also various frictions with the personal rights and property rights of the original works,which expose a series of problems that need to be solved in the development and protection of Tongren works.Based on the current domestic and foreign laws on the protection of works of the same person and the advanced legislative experience,we can put forward feasible suggestions on improving the copyright protection system of works of the same person in our country.Following this research idea,the main contents of each chapter are as follows:The first chapter is an overview of his works.To study the copyright of the works of the same person is to seek the root“ Although the novel concept of "works of the same person" is only formed in modern times,its cultural history has a long history.According to the regional division,the traces of "works of the same person" can be found in Europe,America,Japan and China.From its formation and development to the definition of Tongren’s works,only by deeply understanding the essence of this special type of works,and by studying the definition,characteristics and classification of Tongren’s works,can we study the legal issues of Tongren’s works on this basis.Only when we have a clear definition and classification of the works of the same person,can we have the basis to study its legal issues.The second chapter is about the necessity of copyright protection of the works of the same person.Although the same person’s work and the original work have some problems such as infringement,it can not be totally denied.Through the analysis of the theoretical basis of the copyright protection of the works of the same person,we can draw the conclusion that the protection of the works of the same person is in line with the legislative purpose of the copyright law,and the works of the same person are also in line with the conditions protected by the copyright law;At the same time,it also expounds the cultural value and economic value of Tongren’s works.The third chapter is about the protection obstacles of the copyright law of the works of the same person.On the basis of the above discussion on the legal nature and positioning of the works of the same person,this paper explores the problems faced by the protection of the works of the same person.There is no clear positioning of the works of the same person in the current legal system,and there are no specific legal provisions.The imperfection of the legal system makes it extremely difficult to protect the rights and interests of the works of the same person,The biggest reason for this problem lies in the conflict of personal rights and property rights between the same person’s works and the original copyright owner.The infringement dispute of the same person’s works on the copyright of the original works is the biggest obstacle to its legalization.The fourth chapter is the analysis of the regulation of peer works in other countries.Starting from the cases of infringement cases of works of the same person in Europe and America represented by the United States and Japan,this paper analyzes the understanding and handling methods of foreign countries on the copyright of works of the same person,which has reference significance for China on the copyright law of works of the same person.The fifth chapter is the regulation suggestions of the copyright protection of the works of the same person in our country.At present,there is no legal basis for peer works in China.This chapter provides some ideas for the management of peer works by referring to the current methods at home and abroad.In addition to clearly giving peer works an appropriate position and improving the relevant legal provisions,it can also consider establishing a centralized management peer license platform and promoting the knowledge sharing agreement more widely,By these means,we can regulate the creation of colleagues transiently.Only by studying and combing the legal issues related to the copyright protection of the works of the same person,can we better coordinate the interests of the original copyright owner,the author of the same person and the public,and effectively protect the copyright of the works of the same person,so as to promote the healthy and orderly development of the works of the same person,and promote the cultural prosperity and progress that the people like to see.