The Study Of The Right To Work In The Works Of The Same Person

In the age of information,the emergence of fan fiction has put forward a new topic to the study of modern copyright system.With the development of the network,the initial small-scale and entertained fan fiction developed to the whole network,that a huge participation in the group makes the rapid development of fan fiction culture,which has become the important part of our country's cultural industry.However,the fan fiction in our country is still a new thing.The law of copyright for the fan fiction is still a blank,and the legal regulation of the fan fiction is not perfect,which making the fan fiction of the infringement is unknown,and thus led to the original author's copyright rights conflict.Although the fan fiction is a use of the original works of the elements of the second creation of the works,its originality and the extent of the original work are different from the deductive work,and thus it can not simply apply the provisions of the deductive work.The fan fiction is the product of the public based on the expression of freedom and creative demand.The fan fiction has its legitimacy,which it is in line with the copyright law to encourage the creation of the legislative purpose,and the idea and expression of dichotomy and the essence of the fair use system is the same strain.And its legitimacy should be made within the scope of the fair use to make appropriate rights and responsibilities,to balance the fan fiction of the creator and the original author's interests,and release the conflict of them.The paper is divided into four parts.The first part is an overview of the fan fiction involved in the copyright issues.Through the definition of the fan fiction in the framework of copyright law,it analyzes the connection and difference between the fan fiction and the deductive work and the parody work,and the essence of the plagiarism "works",which can clarifies the legal nature of the fan fiction.On the basis of this definition,the fan fiction may conflict with the original work,the right of authorship,and the right of integrity of and property rights in the work,but according to the existing fair use of the system in the application of fan fiction may be a problem,which can not balance the interests of the users and the creators.The second part analyzes the legitimacy of the fan fiction.It is mainly from the freedom of speech,the legislative purpose of copyright law,the dichotomy of ideal and expression and fair use of these four aspects to elaborate.The fan fiction is the embodiment of the right of freedom of speech in the constitution in the copyright law,which conforms to the legislative purpose of copyright law,and it is the same with the essence of distinguishing of the idea and expression in copyright law.The institutional basis for recognizing the fan fiction's expression of free value is the fair use of the system.Clarifying the legality of the fan fiction which provides a theoretical basis to determining the boundary of the fan fiction of author's rights.The third part introduces the legal adjustment of Japanese and American fan fiction.It explains the two countries on the fan fiction in the relevant provisions and judicial practice in the relevant precedents.The fourth part on the basis of the above discussion on the fan fiction proposes specific recommendations.The copyright law should be clearly stipulated in the fan fiction.And the judgment factors of the fair use system should be introduced into our copyright law to regulate the fan fiction.And the specific application of the Creative Commons should be put forward in order to avoid the copyright dispute.