A Research On The Copyright Issues Of Fan Works ——From The Perspective Of Zha Liangyong V.Yang Zhi’s Copyright Ownership And Infringement Disputes

With the development of Internet technology and the rise of various new content creation platforms,the trend of creating fan works based on the elements of previous copyright works has become more and more popular.Fan works are derived from prior copyright works,and are significantly different from the original works.They satisfy the essential requirements of the Copyright Law for the protection of works,and are derivative works with new originality and independent value.At the cultural level,fan works endows the elements of the original works with new vitality and meaning,making the elements of the old works show a richer beauty in the new era in fan works,promoting the development of cultural diversity and the prosperity of social and cultural industries,and also in line with the legislative spirit of the Copyright Law to encourage innovation and promote creation.However,the characteristics of fan works derived from the previous copyright works and the blank of the rules on the creation and use of the fan works in the current copyright law have led to copyright ownership and infringement disputes with the copyright owners of the original works in the process of dissemination,distribution and commercial use.With the increase of copyright disputes caused by fan works in judicial practice,issues such as the legal status of fan works and their legal relationship with prior copyright works have gradually attracted the attention of all walks of life.Therefore,it is necessary and urgent to clarify the status of fan works in the Copyright Law,improve the legal provisions related to fan works,provide clearer guidelines for copyright disputes caused by fan works,and balance the interests between fan works and previous works.Based on this,this article takes the two most typical cases of fan works copyright disputes in my country in recent years as an introduction,and analyzes the main conflicts between fan works and prior copyright works,as well as the thinking,reasons and legal application of the court in the judgment.,To extract the two main focus of disputes in copyright disputes between fan works and original works: 1.The identification of the nature of the re-creation of fan works using elements of prior copyright works;2.Whether fan works constitute works in the sense of copyright law.By clarifying the above issues,it can be determined whether the fan works infringe the copyright of the original work.On the one hand,it fulfills the duty of reasonable protection of the previous works,and on the other hand,regulates the creation of fan works and promotes the promotion and enrichment of the cultural industry.The content of the first chapter of the main body of this article is the introduction of the facts of the two judicial cases and the summary of the focus of the dispute.The second chapter of the main body of this article is a legal analysis of the two controversial focal points.Regarding the identification of the behavioral nature of the re-creation of fan works using elements of prior copyrighted works,firstly,the copyright ability of the work elements in the prior copyrighted works is analyzed.The object of protection of the copyright law is the work,and whether a single work element can be The protection of copyright law depends on whether it constitutes a specific expression with originality;and then the legitimacy of the borrowing behavior of fan works is discussed.Then it conducts a theoretical analysis of whether fan works can constitute works in the sense of copyright law,starting from the legal nature of fan works,and combining the legislative purpose of copyright law and the substantive requirements of copyright law to demonstrate the copyright ability of fan works.Build a solid foundation for the copyright protection system of fan works.The third chapter is the research conclusions and enlightenment.Based on the previous analysis,it puts forward a system idea of balancing the interests of fan works and copyright owners of prior copyright works,and further proposes to give the work status of fan works copyright and improve copyright from the legislative level.Proposals for the legal works system to achieve a balance between the development of normative fan works and the copyright protection of prior works,and promote the prosperity and development of cultural undertakings.