Analysis On Judicial Identification Of Copyright Infringement In Fan Fiction

Fan fiction refers to a new written expression spontaneously created by literature lovers using the names,character settings,story backgrounds and plots of the works they are passionate about.With the advancement of the Internet and social media in China,the rapid development and dissemination of fan fiction,the resulting increasing number of fan fiction copyright infringement disputes,and the judicial determination of fandom copyright infringement has gradually become a hot issue in this field.Most of the existing theoretical research is carried out on topics such as the protection of fan fiction copyright and the suspected unfair competition of fan literature,and the research on the determination of fan literature copyright infringement is still not in-depth enough.This article combs through the cases related to fan fiction and finds that in China’s theory and judicial practice,there are still some problems in the determination of copyright infringement in China’s fan fiction,and it cannot substantially resolve the infringement disputes of fan fiction copyright.The key to judicial determination of copyright infringement in fan fiction lies in the fact that the rules for determining copyright infringement in fan fiction are not perfect,the determination of the types of copyright infringement is still relatively vague,and other considerations for infringement are insufficient.This thesis studies the judicial determination of fan fiction copyright infringement through case analysis,theoretical analysis and comparative analysis,summarizes the problems existing in judicial practice and different views of the theoretical circles,and makes suggestions on the judicial determination of fan fiction copyright,in order to provide ideas for judicial practice in China.First of all,starting from the basic issues of fan fiction,clarify the concept and nature,characteristics and classification of fan fiction,and its own originality.Secondly,this thesis analyzes the classic cases of copyright infringement in fan fiction in recent years,summarizes the types of copyright infringement involved in fan fiction,and summarizes the three major dilemmas of fan fiction copyright infringement disputes in judicial practice: "the rules for determining copyright infringement in fan fiction are not perfect","the determination of types of copyright infringement is still relatively vague",and "lack of other considerations for the determination of fan fiction copyright infringement".Secondly,the basic theories related to copyright determination are analyzed.Finally,in view of the judicial determination of fan fiction copyright infringement,suggestions are made from three aspects: "improving the rules for determining fan fiction copyright infringement","clarifying the circumstances of the determination of fan fiction copyright infringement",and "introducing the " four elements " into the factors to be considered in the determination of infringement".