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Research On The Copyright Protection Problems Of Fan Fiction

Posted on:2019-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:R W ZhaoFull Text:PDF
GTID:2416330542986518Subject:Law
Abstract/Summary:PDF Full Text Request
Copyright The issue of the copyright protection of fan fiction is a more novel copyright issue,which is a problem arising from the rapid development and expansion of fan fiction.In judicial practice,the disputes about the large-scale fan works right and the original work right,we require timely adjustment of the copyright law itself,in order to adapt to the background of development under the network environment,requirements for the balance of interests of the background of the adjustment of new creative mode.From the point of view of copyright itself,it is also called copyright.The original meaning of copyright is copyright(version and right),that is,the right of reproduction in the usual sense.This is due to the fact that printing technology is not popular in the past.The most important rights attached to crops at that time were actually the right to print and publish.However,with the evolution of the times and the progress of science and technology,the types of works have gradually increased.In a few short years,the same people's culture,which was the first in Japan,has been developed in our country.Whether it is "the youth" of Jiangnan "eight guardians" of some elements use after the background reconstruction,or "Wu kongzhuan" on "journey to the west" adaptation and inheritance,or editing and commentary for a Shuixin Muyu classic film,is fan works have completely integrated into our the embodiment of life.TV series "game of Thrones" was adapted from the Fan fiction and reset the story,"the magical animal where" also by the "Harry Potter" series of works magic world view completed subsequent creation,overflowing Japan Exhibition Comic Market continues to expand the scale of the fan works is visible,as a new can not ignore the power of the entertainment of our leisure time,enrich our spiritual world.The emergence and gradual popularization of the work of the same person is due to the diversification of the carrier of rapid development of high-speed network and the carrier of information revolution.At present,in our country,the work of the same person,in the copyright law can be protected very limited.In order to better balance between the original author and the author's human interests,and promote the rapid development and the healthy development of fan works,but also to better promote the diversification of cultural market,carry out the research aiming at the problem of Fan fiction copyright legal protection is very necessary and urgent.The research on copyright protection is of great importance not only in theoretical level but also in experience value for judicial practice.Research and analysis show that the research method of comparative analysis and case analysis is a more scientific research method for the copyright issue of peer works.Based on the analysis of the existing copyright law's protection for the works of the same people and the analysis of the advanced legislative experience in foreign countries,we can conclude some problems that need to be solved under the relevant laws of the current copyright law.Combined with the analysis of the cases of fellow workers in the copyright law of the United States,we can conclude the direction of development of the works of the same people,the implementation of the applicable system and so on.On this basis,the problem of copyright protection against people,through demonstration and analysis,put forward three important ways to solve the problem is to further clarify the proposed Fan fiction concept,the fan works get to determine the potency in the legal nature of science;to widen the scope of application of the fair use system,to expand the scope for Fan fiction type protection;the right to use the knowledge sharing protocol to complete the transfer and balance,reduce and resolve conflicts and disputes between the author and the original work piece of the author.
Keywords/Search Tags:Fan Fiction, Originality, Fair Use
PDF Full Text Request
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