Research On The Commercialization Rights Of Virtual Characters In Work

Virtual characters refer to images that do not exist in reality and are widely used in literary,audiovisual,and artistic works.As a charming creative culture,these colorful virtual characters have become an essential part of the development of modern cultural undertakings.Nowadays,with the continuous emergence of relevant concepts and the active encouragement of policies,the industry is also constantly improving.However,the following infringement cases have also become increasingly fierce.Due to the current imperfect legal regulations on the commercialization rights of virtual characters in China,this has a certain impact on cultural innovation.Therefore,this article will focus on analyzing virtual characters and their commercialization rights,and constructing a protection system for them.The first part of this article elaborates on the basic theory of virtual character commercialization rights,and provides a detailed introduction to the definition,content,and classification of virtual character rights,thereby analyzing whether the nature of virtual character commercialization rights is intellectual property or intangible property.The second part of this article elaborates on the current status of protection in China.Firstly,analyze the current situation of domestic protection in China,which means that China is currently in a situation where it cannot be relied on.Secondly,it analyzes the differences between copyright,trademark right,unfair competition and the merchandising right of virtual characters.Finally,it analyzes the limitations of the current law protection,including copyright,trademark rights and anti unfair competition law.The third part of this paper analyzes the extraterritorial judicial practice,including the United States,Japan and Germany,and analyzes whether the protection is legal and the enlightenment to China through the study of foreign protected mode.As a country of case law,the United States mainly protects the rights of virtual character commercialization through relevant cases.Although the United States started earlier and its protected mode is relatively advanced,it is not very suitable for China,which belongs to the written law.As codification countries,Japan and Germany’s protected mode is worth learning from and has important implications for China.The fourth part of this article is to discuss and adopt the relevant judicial interpretation of the existing laws on the basis of the existing legal system’s inability to improve and protect the commercialization rights of virtual roles.Attempt to analyze the legal relationship of the commercialization right of virtual characters,and provide suggestions based on the specific situation of current laws and legal practice applications.The final conclusion of this paper is to first make corresponding judicial interpretation of the Copyright Law,the Trademark Law and the Anti unfair competition Law.Before formally incorporating the commercialization right of virtual characters into the law,the protection of the commercialization right of virtual characters should be borne by surrounding laws,which is more suitable for the current situation in China.When the time was ripe,China should consider establishing an independent and specialized legal protection system for the commercialization rights of virtual characters.