The Research On The Copyright Of The Sequel

To research the sequel's history, there are "Dream of Red Mansions"after twenty-writing a chapter back to the high E's and Lu Xun's works about the sequel to myth and so on. The Legislation of intellectual property rights show the problem about the legal nature of the sequel without the original author. So 90's began to reflect on the academic intellectual property rights and defined, but still no consensus in the General said. At the same time, information was developed to spread the work and writing is limited, and writing works that nobody cares whether the infringement and attention. With the development of technology, Internet as an effective way of information dissemination.In particular the development of the network original novel, the breeding ground for writing a work space, indirectly encouraged the users of their favorite works of the first to writing a serial behavior. So fierce conflict of interest starting in the grand interconnection network and by the time it started, but also opened work on the problem of writing a "war." Some believe that the community sector is copied, and some that are based on the original extension of the original works. The legal profession from the copyright system and the perspective of unfair competition acts of discrimination and writing. Some scholars believe that it violates the right to protect the integrity of the work, work to undermine the integrity of a particular way; Some believe that it violated the right of the image of the virtual characters; that continue to write the name of the original works of violation of the right to be protected works through the the name of the protection of author's rights; Some believe that it does not belong to the scope of fair use; some that its interpretation of the right to belong to the scope of regulation; Some believe that it simply does not constitute infringement, fraudulent claims of unfair competition from the Angle of continued write behavior.But more work and writing an endless stream of literature and art reflect the level of prosperity, and writing from a legal point of view is against the copyright legislation to adjust the fundamental purpose of the act. Climax of the debate in full swing, the most fundamental reason for this behavior is that the existing copyright law does not clearly defined, so that the problem highlighted the high degree of asymmetry between the mechanisms and solutions, thus become increasingly prominent. Legal responsibility and the value of its existence lies in the adjustment problems of social phenomena, and conflict resolution. Especially in the field of intellectual property. Intellectual development along with technology advances in the construction of the intellectual property system must keep pace. Therefore, to fill the Copyright Law of the Regulation of writing a vacancy is imminent.This article is divided into four parts:Part I: Case guide; This paper will give two typical cases of domestic and foreign. Focus point of contention, which discussed the central issue - whether the infringing work and writing; the same time, sort out and writing the negative impact of acts, from the analytical understanding of the problem and explore the nature of the problem.Part II: basic theory; the summary of the sequel's concept, characteristics and types . Analysis of the main ways through, compared to the existing point of view put forward by scholars to present their arguments.Part III: Tort of; whether writing a sequel without the original's permission is a tort is still not solved by the scholars. Therefore, the way to sort out some of the listed types of views, the ultimate highlight their own ideas. The logical starting point to continue to write original works and works of comparison between the shape: it is the ideological expression of similar or like; whether the fair use defense. Second, if the above conditions are met, demonstrate compliance with the case of copyrighted work, this is an infringement of the original work and writing of the other copyright.Part IV: a simple concept; Finally, and a right of writing a sequel and interests for the control of the original balance, the right to set fair and reasonable, and writing practices have created to solve the copyright dispute.