Research On The Balance Of Interests Between The Fanworks And The Original Works Under The Network Environment

Fan works,as a secondary creation based on the original work,have a natural dependency relationship with the original work.With the rapid development of the information network and the rapid spread of works,the pay-to-read model of fan works has gradually emerged,which has led to an increasingly prominent problem of the balance of copyright interests between fan works and original works.The current theories on fan works mainly focus on the definition and classification of fan works,and the conflicts with the original works in terms of rights.There are few studies on this issue from the perspective of the balance of interests.Although fan works have expanded the influence of the original work to a certain extent and are conducive to the promotion of cultural dissemination and development,fan works may also cause problems such as free-riding,vilifying the original work,and weakening the copyright owner of the original work.The closed enumeration mode of the current copyright law can no longer cover the endless new works,and there is no clear regulation on the meaning of fan works,which makes the legality of fan works always in a gray area.At the same time,fan works may infringe the original copyright owner’s authorship,protection of the integrity of the work,reproduction rights,information network dissemination rights,and adaptation rights.Therefore,it is particularly important to explore the balance of interests between fan works and the copyright of the original work,and to find the legal basis for fan creation.In order to balance the interest relationship between the original work and the fan works and promote the healthy development of fan culture,the legal meaning of fan works should be clarified,a standardized copyright owner licensing platform should be established,the application of the "transformative use" principle should be relaxed,and the knowledge sharing agreement should be promoted.