Study On The Impact Of Intellectual Property Of Fan Works

Fan works is a kind of newly works exchanged in a certain fandom, which is derived from famous books, film, anime and cartoon and games. With the rapid development of digital technology and network, fan works are spring up widely in the internet world. There is a vague attitude to the fan works all over the world. While legal disputes are arisen between original works and fan works, which holds back the free creation and culture spread.Three causes contribute to the impacts between the original works and fan works. Firstly, it works on the impacts that were led to by the copyrights—from mental rights and economic rights. Secondly, it carried on a research on the trademark's impacts by the protection of fictional character. The theory of merchandising fictional character believes that as a registered trademark, fictional character would fall under the trademark law. As a non-registered mark but famous trademark, fictional character also could be protected by anti-unfair-competition law. Finally, it concentrates on the application of fair use doctrine. It seems a complete defense is set up under the fair use doctrine, however, a series limitations is strict to the application of the fan works.With the cooperation of original rights owners and fan's works creators, a proper means could be available to adjust the final balance of mutual interests, which release the fan works from an infringement claim. On the one hand, original author or owner could control the fans to create fan's works on his own initiative, protect his legal rights and economic profits. On the other hand, as a fans creator, one should respect other's original copyrights, and restrain himself with Creative Commons License. Both rights owners and creators of fan works are satisfied.Finally,at the aim of literature creating freely and culture spreading widely, a possible protection of fan's works then discussed and the expectation to the future protection is suggested.