Research On The Conflict Of Copyright In The Fan Fiction

With the continuous upgrading of information media,the emerging industries of culture are also emerging,fan fiction is one of them.In our country,the rise of fan fiction is relatively late,but the huge participation groups make it develop very quickly.By the re-creation of the original works,the fan fiction completed by the author are different from plagiarism in the daily context and also from deductive work in the academic interpretation.On the one hand,with the increasing influence of the fan fiction,it makes the public's creation enthusiasm rising,and also promoting the development of social culture.On the other hand,because fan's fiction is in the gray areas of the copyright protection where the legal position is not clear,it would be short of appropriate regulatory mechanisms.especially in the case of infringement and infringement fan's fiction is facing many problems.This paper is divided into four parts.The first part is an overview of the fan fiction.Firstly,the article gives an account of the emergence and development of the fan fiction.In the modern sense,the fan fiction's culture originated in Japan,and developed rapidly after the introduction of China.More and more young people have become interested in the creation of fan fiction.And then this paper defines the fan fiction from the law.the fan fiction refers to the two creation on the basis of the existing text,the purpose is to share with the same fans.Although there are some similarities between the fan fiction and the works of deduction,they can not simply classify their legal nature as the latter.In the law,the widely concept of connotation and extension should be established to define the fan fiction.The types of fan fiction are rich,the main features include the dependence on the original and a certain degree of originality,non professional creative and did not obtain the authority of the original copyright owner.Last,try to define the legal status of fan fiction.Fan fictions although not the full sense of the original works,but it has a certain degree of originality of which is accord with the conditions of “works” in the "copyright law",and creation of fan ficion is in line with legislative purpose of "copyright law" to promote socialist cultural progress.The second part focuses on the analysis of various situations when the fan fiction violates the original works of personal rights and property rights without the permission of the original author,and through a combination of fan fiction infringement cases at home and abroad,to find out the general standard to determine infringement fan fiction in judicial practice.In the third part,the author discusses the possible infringement defense,which includes the fair use of the works,the duration of the works and the copyright of the virtual characters,when the creators of the fan fiction are confronted with the original copyright owners.The establishment of these defenses and the establishment of the conditions are the key points of this part.Finally the paper will put forward the standard adjustment of fan fiction,try to solve the conflict between the fan fiction and the original works.The traditional copyright law has lost the function which balance the relationship between the two,we should keep pace with the times,make timely changes: First,definiting the concept and applicable conditions of the fan fiction in the legal perspective;Second,regulating the rights and obligations of the creators.Third,improve the reasonable use of the system.Through the above measures,the law and the system can better guide and regulate the development of the fan fiction,and coordinate the relationship between the creator and the original author,to reduce disputes.