Research On Copyright Of Fan Fiction

Fan fiction are creative works created by creators using the basic elements of the story background,character relationship,character setting,etc.in various original works such as animation,fiction,games,and movies,and are clearly different from the original works.Since the end of the 1980 s,when our country was influenced by Japanese fan culture,a large number of fan fiction have appeared in our country,but due to the lack of relevant legal restrictions and regulations,As a direct result,the dispute over the rights and interests of the original author and his fellow authors can not be properly resolved.How to use the law to solve such infringement cases has become the focus of academic attention.Although fan fiction meet the original requirements of the copyright law,but copyright law can not protect them when they were assaulted.This is not in line with the legislative purpose of protecting the copyright owner's copyright rights and interests,reconciling social public interests and promoting the development of the country's culture.This thesis is mainly composed of five parts.The first chapter is to summarize fan fiction as a whole.It mainly solves the problems of what is fan fiction,what is the nature of fan fiction,and the difference between the works of fan fiction.Firstly,it introduces the concept of fan fiction,including its definition and its development in Japan and the United States;Secondly,it explains the characteristics of fan fiction,from the relationship between fan fiction and original works,the need for originality in fan fiction,and the reduction of non-profit requirements.In the end,through the comparison with plagiarism,deduction,and sequel,the nature and concept of fan fiction are more deeply understood.The second part describes the current situation of Chinese fan fiction,which is mainly divided into two aspects: the production and development of fan fiction in China and the problems faced by the creation of fan fiction in China.The latter also includes three issues: the unclear legal status of fan fiction,the limited scope of the reasonable use system stipulated by the law,and the difficulty of obtaining creative authorization for the author of fan fiction.The thirdpart analyzes the theoretical feasibility and practical necessity of copyright law protection,theoretically analyzes the feasibility of copyright law protection of fan fiction,and analyzes the necessity of copyright law protection from the perspective of cultural value and economic value of fan fiction.The fourth part is to provide reference for the problems of fan fiction in China through the attitudes and regulations of Japan and the United States,mainly to the Japanese copyright law and the TPP agreement and the regulations of the rational use of the United States.The fifth part is the solutions to the current legal situation and the social situation of fan fiction in China,including the three suggestions of specifying fan fiction in the copyright law,introducing the rational use of the decision-making factors in the United States and introducing the knowledge-sharing agreement.