Copyright Protection Of Anime Characters

In recent years,China’s comic & animation industry has developed rapidly,and the competition is fierce.For the producers,the design level and attraction of comic & animation characters have become the competition point of their works.The creation of a popular comic & animation character embodies the author’s unique intellectual creation.The value of the comic & animation character even exceeds the work itself.As other areas of intellectual property rights infringement has never stopped,with the increasing commercial value of comic & animation characters,more and more comic & animation characters are infringed,and the protection of the rights and interests of comic & animation role owners needs to be paid more attention.Although there are already judicial decisions that comic & animation characters are independent of works protected by copyright in our country,the copyright attribute of comic & animation characters is not clearly defined in legislation.In addition,due to different standards of trial application,there are many difficulties in the reality of comic & animation character tort relief.Therefore,it is very important to improve the legal protection of copyright law for comic & animation characters,to encourage the creation of excellent comic & animation characters,and to promote the development of China’s comic & animation industry.This paper is based on the full application of copyright means of comic & animation character intellectual property protection,focusing on the key issues in the legal basis,the cognizance of infringement and its fair use of the copyright protection of comic & animation characters,this paper makes an in-depth analysis of the copyright protection of comic & animation characters by using the theory of copyright law and relevant judicial cases.In addition to the introduction and conclusion,the article is divided into three chapters:In the first chapter,through the collection of three cases related to comic & animation character copyright,combing the basic situation of the case,combined with the reasons and results of the court’s judgment,leading to three main controversial focuses in the trial process of similar cases in related fields.In the second chapter,it discusses the key content of the article,that is,according to the dispute focus extracted from the case,combined with the theoretical knowledge of law at home and abroad to carry out relevant legal analysis and put forward the views of the article.First of all,the concept of comic & animation role is defined,and its main use is introduced.Secondly,it analyzes whether comic & animation characters constitute independent works in copyright law,what kind of works they belong to,and the ownership of rights.In addition,the paper analyzes the standards of identifying the infringement of comic & animation character copyright,and finally discusses the limitation of comic & animation character copyright —fair use system,which is applicable in the case of comic & animation character copyright infringement.In the third chapter,after the jurisprudential analysis of the focus of the dispute,the conclusion and suggestions of the case are drawn.On the basis of its own localization and the current situation of comic & animation industry development,and with reference to foreign mature legislative and practical experience,the following three suggestions are put forward to improve the protection of comic & animation role Copyright: firstly,define comic & animation role as a separate work type,providing legal basis for comic & animation role to be protected by copyright;secondly,we should learn from the methods and standards of copyright infringement of comic & animation characters in foreign countries reasonably,and perfect the "copyrightability standard" and "substantial similarity analysis" of characters,so as to clarify the applicable standards of copyright infringement in China’s relevant judicial practice;thirdly,the "transformative use" is introduced into the fair use system to balance the interests of the obligee and the public.