Research On Copyright Protection Of Fan’s Works

Co creation is a new form of literary creation.The creator relies on the original works,draws lessons from the role image,plot setting and other elements,injects his own inspiration and efforts to produce new original works,and has a high degree of freedom in creation.Nowadays,with the progress of science and the development of internet,fan works are becoming more and more popular and developing more and more rapidly all over the world.There are more and more fans of peer works in China.Fan works entertain leisure time and enrich the spiritual world.At the same time,fan works of also show more and more economic value with the demand of the market.However,the copyright law protects the copyright of the original works from the perspectives of authorization,service,compensation and compensation,but it lacks clear legal provisions for fan works.Based on the natural interdependence between fan works and the original works,there are constant disputes between the author of fan works and the author of the original works in the creative practice.The lack of legislation and unclear legal status make judges have no clear judgment standards,and the judicial judgment results lack unit,which is not conducive to the settlement of disputes.Although the provisions of the law on the authorization of massive works have been added to a certain extent,it still can not meet the needs of the second revision of the law on the authorization of digital works.Based on this,this paper takes the copyright protection of fan works as the research basis.Firstly,it expounds the relevant theories of fan works.From the theoretical level,this paper discusses the definition of fan works and the discrimination of the synonymous concept of fan works,so as to clarify the legal nature of fan works and provide a theoretical basis for the legal protection of fan works copyright in the following text.Secondly,by discussing the current development situation of fan works,it comes to the necessity of legal protection of fan works.The legal protection of the copyright of fan works is not only legitimate(in line with the legislative purpose of the copyright law and the criterion of freedom of speech and conducive to the development and perfection of the legal system),but also reasonable.(the value of fan works is conducive to promoting the dissemination of culture and economic development.).Next,it summarizes the problems in the legal protection of the copyright of fan works through cases.Finally,according to the problems analyzed above and combined with foreign experience,this paper puts forward feasible suggestions for the legal protection of the copyright of fan works:clarify the positioning of fan works by clarifying the identification standard of originality and perfecting the fair use system;Coordinate the conflict between the fan works and the original works through knowledge sharing agreement,copyright protection service platform,compensation and compensation mechanism and the principles and provisions of the anti unfair competition law within a reasonable scope;At the same time,by standardizing the creation platform,improve the public copyright awareness led by creators,work users,relevant industry personnel and key personnel such as teenagers,and the efforts of the government and Writers’ Associations to play an active guiding role,so as to create a good peer creation environment and seek the balance between creative freedom and legal constraints.In short,we should focus on problems,actively face the copyright problem of fan works in real life,give full play to various forces to guide the development of fan works,reduce the concerns of the original author’s authorization,facilitate the dissemination and sharing of culture,and promote the prosperity of cultural undertakings.