Research On The Law Application Of Fan Fiction

The second creation of the fan fiction have led to legal disputes over copyright and anti-unfair competition.The existing research focuses on the copyright law,but judicial adjudication tend to apply anti-unfair competition law for expand protection.This has caused huge controversy over the application of the law.The institutional reasons lie in the limitations of copyright law on new-type knowledge products,while anti-unfair competition law has room for application.The theoretical reason is the difference between the two legal relations and the impact of the strong protection of intellectual property rights.Therefore,this paper takes the issue of the anti-unfair competition law to expand the protection of intellectual products as the main thread,and proposes that the "Copyright Law" and the "Anti-Unfair Competition Law" are legally independent claims and can be applied in parallel.The competition nature of the anti-unfair competition law determines that it can only apply the law to fan fiction in the manner of conduct regulation law.In addition,it is proposed to analyze the existence of competitive damage according to the principle of neutrality of damage,and strictly grasp the application of anti-unfair competition law to fan novels.Finally,the fan novel is evaluated based on the logic of two laws applying in parallel.The fully described elements of the work are copyrightable,but the dichotomy of thought expression is used as the basis for judging infringement.From the perspective of competition law,the use of the elements of the work is not enough to constitute a legal consequence of confusion.Only when the original author is on the same creative theme,competition damage may occur.