| The literary character is a kind of virtual fictional characters,which refers to the fictional characters that are described by the language text,such as novels,plays,reviews,etc.In addition to the character name,literary characters also include the characters of images,personalities and symbolic behaviors,which are the unity of various elements.In recent years,with the rapid development of Internet technology and fan culture,there are more and more kinds of recreations of literary characters.For example,literary characters are often used to create novels,make animations,games and audio-visual works,and register the names of literary characters as trademarks,etc.Due to the great value of the literary characters in the famous works,the more and more infringement disputes caused by this increasingly widespread use of literary characters are also increasing.However,the relevant legislation in China has no clear standard to guide the trial of such cases,so the copyright law protection of literary characters needs to be solved urgently.The paper is divided into four parts.The first part analyzes the necessity of the protection of the copyright law from three aspects,namely the great value of literary characters in the famous works,the increase of infringement disputes arising from the use of literary characters,and the rationality of the protection of literary characters by the copyright law.The second part is the theoretical analysis of the protection of the copyright law of literary characters,and analyzes the deficiencies of the protection of literary characters by other relevant laws and the legal philosophical basis of the protection of literary characters by copyright law,and then analyzes the feasibility of the protection of copyright law from the perspective of literary characters themselves.The third part is the analysis of the legislative status of the protection of the copyright law of literary characters,and analyzes the legal basis that existing laws can provide for the protection of the copyright law of literary characters,and points out the existing problems in relevant legislation.The fourth part gives specific suggestions on the protection of copyright law of the literary character,including the judgment standard for the protection of the copyright law of the literary character and the condition that the copyright law protection should be provided by the literary character.By clarifying which literary characters can be protected by the copyright law,we hope to provide more powerful support for the protection of the legitimate rights and interests of the original authors.And by this way,we also hope to provide some references for the future role users to avoid the infringement risk,so as to promote the orderly prosperity of literature and art. |
