Research On The Protection Of Fictional Character Image Copyright

Fictional character images are generally interpreted as personalized images created in literary and artistic works,It includes the name,sound,image,shape and other artistic role factors.With the development of the market economy,more and more people make use of fictional characters to advertise or use famous characters for re creation,which seriously violates the legitimate rights and interests of the creators.Facing the increasing number of role infringement disputes,it is a theoretical and practical problem that how to balance the roles,creators and roles with this and the public interests.Considering the current legislation and judicial practice in China,it is a wise choice to perfect the copyright law and protect the fictional characters.Based on the experience of some foreign countries and the domestic research,this paper discusses the protection of fictional characters.This article is divided into five parts:The first part:introduction.This part puts forward the problems which should be studied in this article,and compares and analyzes the current research situation of this problem both at home and abroad,and then puts forward the main idea of this article.The second part:the basic theory of fictional characters.This part mainly studies the concept,characteristics,types and the use of different kinds of fictional characters,which lays a theoretical foundation for the analysis of the protection of fictional characters in copyright law.The third part:the protection of fictional characters in foreign copyright law.In this part,through investigating the present situationn of the United States,Japan,Germany,fictional characters in the protection,analyzed the advantages of various countries copyright law protection of fictional characters,in order to provide reference for our country to study this problem.The fourth part:the present situation and analysis of the protection of fictional characters in China's copyright law.The part from three angles of literary works,art works,audiovisual works specific analysis of the current situation of fictional characters protected,and objectively describes the feasibility and limitations of fictional characters under the protection of copyright.The fifth part:the perfection and remedy of the protection mode of fictional characters in copyright law.Based on the copyright law,this part focuses on the protection of the fictional characters in copyright law from the two fields of literary and artistic creation and commercial use,and puts forward some suggestions for improvement and improvement.