On The Construction Of Copyright Protection System Of Chinese Fan Fiction

With the development of the Internet and the progress of social culture,a large number of readers with common interests and hobbies have gathered on the Internet.They discuss with each other and share their experiences on the likes of works on the Internet.The original works are re-interpreted and processed,adding their own preferences.To create new stories and likes and share with others on the Internet,such novels that use the plots of characters in the original works are known as fan fictions.Nowadays,our country's fan fiction has developed rapidly.It has been “emerging everywhere”.For instance,everyone's familiar “Monsters of Wukong” and “Youngsters here” have achieved great success and created huge market value.However,there are various problems behind the prosperity of the fan fiction market: China's law lacks explicit provisions on the definition and nature of fan works,the narrow scope of application of the fair use system,and the lack of compulsory licenses for copyright keep the same person in law.With illegal gray areas,this not only makes it difficult for the author of the original work to protect their rights and interests,but also makes the author of the same-person novel seem to be indifferent to the reasonableness of reference when he is composing.On the one hand,fan fictions are more or less based on the characteristics of their attachment to the original works.They will learn from or use the relevant settings of the original work.The author of the original work will find that such reference and use infringe on his original rights and produce a lot of Rights conflicts and conflicts of interest;but on the other hand,fan fictions are original and can be identified as copyright works based on ideology and expression dichotomy.They have legitimacy and can be protected under copyright law.According to the principle of fair use,In defense of copyright infringement,fan fiction should enjoy independent copyright protection.From the perspective of human civilization,imitation is also essential.Any creation is based on the predecessors,and fan fiction is also true.Copyright law is an intellectual property law that encourages authors' works to encourage authors' creation and dissemination of works to promote the development and prosperity of science and cultural undertakings.It should attract more new and useful types of works to be included in the scope of protection.The fact that fan fiction is incorporated into the scope of protection of copyright law and the establishment of related systems for the protection of copyright of fictions of the fiction are more conducive to promoting the continuous development of the judicial practice of copyright law in China and protecting the interests of the market.From the perspective of copyright law,this article selects fan fiction as the object of research.Based on China's current situation and national conditions,combined with the protection of fan fiction in countries such as Japan and the United States,it proposes a related system for the construction of fan fiction protection and proposes the specific construction of the system.Your own opinion.In addition to abstracts and introductions,this article is divided into five parts:The first chapter of the text describes the concepts and characteristics of fan fictions,such as the reliance on original works,non-professionalism,etc.,and the classification of fan fictions,such as the deduction of quasi-personal or non-deductive elder persons,based on the public domain,or based on the duration of protection.The differences between fan fiction,etc.,and other related concepts,such as the difference between plagiarism and deductive works.The second chapter of the text is the conflict and coordination between fan fictions and original works.This paper analyzes the conflicts between personal rights and property rights and the conflicts of property interests between fan fiction and original works.This is also the reason why fan fiction cannot be protected.At the same time,it is analyzed that the relationship between fan fiction and the original works is harmonized,and the commercial agreement is passed.Coordinating can reduce conflicts and conflicts,and also prepares for the establishment of peer fiction protection systems.The third chapter of the text is the current status of the protection of fiction in China and related countries and legal regulations.The first is the comparative study of the author's copyright protection,using comparative analysis methods to analyze the experience and system of Japanese and American copyright protection of fan fiction,analyze the pros and cons,and provide reference for the establishment of the Chinese novelist system.Then analyzes the status quo of the protection of our country's fan fiction.The construction of our country's fan fiction system will also provide solutions to the current situation and problems.The fourth chapter of the text discusses the necessity and feasibility of copyright protection of fan fiction.The inclusion of fan fiction in the scope of copyright protection has expanded the theoretical foundation of copyright,enriched the variety of works,and promoted the process of copyright protection.At the same time,because fan fictions are original,and can be divided into the scope of ideas according to ideology and dichotomy of expression,the use of fair use system can be used for defense,the feasibility of copyright protection of fan fiction can be determined,and there is room for legislation in the legislation of copyright law.Create bridges for the entry of new works and encourage creativity to promote cultural prosperity.The fifth chapter of the text,based on the problems existing in the protection of Chinese fan fictions listed in the previous chapters and on the basis of drawing lessons from foreign legislative experience,puts forward the author's own opinion on the construction of the novelist system.This paper mainly uses the literature research method,law and economics analysis method,comparative research method,etc.,to systematically analyze and demonstrate the problem of constructing the author's novel copyright protection system,which is intended to provide a reference for this system in the construction of our country's fan fictions.