Copyright Issues On Fan Ficiton

Fan fictions refer to creative and intellectual achievements formed by using relevant elements in the original works and by adding the labor value of the fan fiction writers,which are different from the original works.Therefore,Fan fictions are endowed with the dual attributes,namely originality and dependency.The emergence and development of fan fictions were originated from the communications between writers and readers,both of whom have common interests with each other.The fan fiction writers create works for non-profit purposes because interests and hobbies are what they pursue.Therefore,fan fictions have nothing with the commercial attributes in essence.Due to its originality and replicability,fan fiction should be protected by Chinese copyright law in terms of conforming to the legal constitutive requirements.Therefore,fan fictions are generally different from plagiarized ones.Although there are some overlaps between fan fictions and deductive works specified in the copyright law,the former cannot be directly attributed to the latter.Compared with parody works,fan fictions are essentially different.Nowadays,fan fictions are developing rapidly in the circumstance of the prevailing network culture.Owning to its unique cultural values,the creation of fan fictions is conductive to enhancing the diversity of literary works,promoting the prosperity and development of cultural undertakings in China.At the same time,it is crucial for us to properly regulate and actively protect the fan fictions.Fan fictions take advantage of the elements in the original works,which may affect the original works more or less.Thus,there are likely some conflicts over the copyright of the original works.Judging whether fan fictions infringe the copyright of the original works should first start with the standard of contact+substantial similarity.Meanwhile,the exceptional circumstances concerned with reasonable use should be considered in order to make specific judgments for specific works.In terms of specific types of infringement,fan fictions may constitute an infringement of the copyrights,which contain the right to protect the integrity of the work,the right of authorship or the right to redact the original work.Although there are indeed some conflicts,the interests shared by both fan fictions and original works are not incompatible but still coordinated.As there has not yet been a sufficient and effective mechanism in terms of legislation and judicial practice in China,it is necessary to start from the concept of balance of interests,draw relevant experiences from international practices,introduce a "transformational use"system in judicial judgment,so as to make the rational use better applicable to fan fictions,and unify the judicial identification standards at the same time.In practice,it is feasible to set up a communication platform of permission+independent creation between fan fictions and original works,which can draw on the experience of Kindle Worlds;or improve independent negotiations of benefit distribution between fan fiction writers and original authors by means of CC agreement.In terms of the overall logical framework,this paper firstly explains the connotation and essence of fan fiction and also defines its concept in the first part.As for the second part,it analyzes the theoretical basis why fan fiction can be protected by the copyright law.On this basis,it further discusses the dual relationship between harmonious promotions and conflicts between fan fictions and original works,and also analyzes the types of rights infringed by fan fictions on the original works and the relevant standards on how to judge infringement,which are arranged in the third part.As for the final part-the fourth part,starting from the path of balance of interests,it puts forward some valuable suggestions on reasonable interest coordination mechanism from the perspectives of legislation,justice and social practice,so as to promote the favorable regulation and development of fan fictions under the protection of copyright.