Fair Use Of Characters In Fan Fiction

In China,because of the lack of legislation and judicial regulation,the creation of fan fiction has been in a legal gray area for a long time.However,with the rapid development of the Internet and information technology,a series of copyright infringement problems faced by the creators of fan fiction in the process of borrowing the characters of the original works have gradually attracted social attention.Fan fiction as a kind of historical origin of literature and art creation way,itself has considerable social and cultural value,can now clear character of the novel as the object of copyright law to protect alone,make sure fanfic writers borrow how to constitute the rational use of the characters of the original work,and clarify the submission for the works and the boundaries of the original works of infringement.This paper will start from the basic case of Jin Yong v.Jiangnan,centering on the legal basis of the copyright protection of the characters in the novel,make use of the relevant theories of copyright law,and combine with relevant judicial precedents at home and abroad to conduct an in-depth analysis of the copyright protection of the characters of the same person.In addition to the introduction and conclusion,the article is mainly divided into four chapters:In the first chapter,through the introduction of China's first fan fiction case "Jin Yong v.Jiangnan case",thereby refining the problem of infringement in the creation of fan fiction,and then from the perspective of literature and art theory,analyze the copyright of specific characters in the novel.The second chapter mainly focuses on the reasonable use of characters in literary works.This part starts from the "four elements standard" of fair use and the concept of transformational use.This paper analyzes the relevant standards that should be followed in the process of creating fan fiction.In the third chapter,through the study of various types of fan fiction and the various creative techniques used by fan fiction writers in the creation process,it analyzes the risk that may be identified as infringement under different circumstances.At the same time,in the recognition of infringement,the author investigates and sorts out the three test methods for the identification of character infringement in American judicial precedents.In the fourth chapter,through the legal analysis of borrowing behavior of characters in fan fiction,conclusions and suggestions are drawn on how to constitute fair use of borrowing behavior.That is,on the basis of China's local conditions: First,to clarify the status of copyright of specific characters in literary works;The second is to introduce the reasonable standard of using borrowed characters in fan fiction;Third,improve the standards for the identification of feline infringement,and reasonably draw lessons from the methods of extraterritorial inspection.