The Protection And Limitations Of Fans' Creating

Fan culture has swept the world in recent years,and more and more fan work has been published.At the same time,lots of people pay close attention to the rationality and legitimacy of fan work and fans' creating.However,it suffers from the fact that fan work and fans' creating are not stipulated by the existing laws explicitly,resulting in it being in a legal and illegal gray area.Therefore,the creators of fan work always fall into the risk of infringement.In order to solve the risk of infringement faced by the creators of fan work,we need to understand the history of the fan culture and its status quo.On the other hand,we should study and analyze the definition of fans' creating,its characteristics and what kinds of types of fans' creating are,and the existence of legal conflicts.So that,we can give some advice about legalization or regulation of fan work and fans' creating.We hope to provide basic theories for the development of fan culture and realize the positive value of it.According the study of the fan culture,including the development,the history and the current status,we find that the fan culture in other countries are deeply influenced by Japanese fan culture and each of them has developed rapidly in recent years.It has also had a profound impact on the market of fan culture.Under the development of digital technologies and internet technologies,the commercial transformation of fans' creating is more conveniently,and the non-commercial fans' creating is gradually diminished.What's more,there are a variety of forms of fans' creating.But no matter what,the rationality of the fans' creating and of fan works should not be doubted,and the positive value of fans' creating should not be concealed.From the perspectives of literature,freedom of expression,and law and economics,the fans' creating is rewarding.Specifically,fans' creating plays a positive role in promoting the development of literature,reflecting the public's realistic demand for freedom of expression,and corresponding to the theory of equilibrium in law and economics,which promotes the interests of all parties.These are the theoretical basis for its protection.The above content is the first two parts of this article.At the same time,the legal dilemma faced by the fans' creating should not be overlooked.They may mainly consist of infringement of the right of attribution,the protection of the integrity of the work,the right of reproduce,the deduction right and constituting unfair competition.For the risk of infringement faced by the creators of fan work,the fair use can be as a defense against infringement,especially for non-commercial fans' creating;but for the commercial,the creators of fan work should be subject to more restrictions.The creators of fan work should seek the permission of the right holders.In order to achieve a more comprehensive and scientific regulation of fans' creating,private autonomy can be used in the fandom,which is to combine the self-management and the Creative Commons Licenses to achieve regulatory purposes.On the one hand,we can use the existing regulations and the experience accumulated in the fandom.On the other hand,we can set up the Creative Commons Licenses as the standards for the fandom,making it even more orderly for the fans' creating and easily for the communicating with each other.In the end,under the fair use system and the private autonomy of the fandom,the long-term development of fan culture will be achieved.In addition,the rights of the creators of fan works should also be taken into account.Whether fan work is legally deductive or not,they should be protected.Although the legislation about the illegal deductive work is different in other countries,illegal deductive works is also the creators' achievement,and it should be respected;that is,the creators of fan work should have copyright,which is also to ensure the orderly dissemination of fan works and not be used arbitrarily by others.Fan culture is inclusive culture,and fans' creating contains the meaning of freedom of expression.Further more,fan work is the product of cultural diversity.The cultural value and social value of the fan culture must be recognized and protected.Therefore,the fan work should be protected;but equally important is that the development of fan culture should be standardized or regulated.When the development of fans' creating is developed,we could combine with the accumulated experience,which the fandom uses the Creative Commons Licenses to regulate fans' creating.And then fan work will be regulated by the fair use system.