Research On Infringement Judgment Of Character Elements In Literary Works

At present,many authors use the character elements in the literary works to create new works for external communication.When the Internet age,such behavior may cause the interests of the original copyright owners to be damaged.Therefore,this article start from the case of judicial practice and analyze whether the act of creating a new work using the characters elements in the literary works of others constitutes infringement,and what is the standard of infringement.This paper is introduced by several typical cases,and the specific analysis of the case,from which we abstract the current judgment points and standards of our country in judicial practice.From the comparative analysis of the cases in recent years,the overall trend of the judgments of Chinese courts is increasingly inclined to identify non-infringement.And the view of this article is that this tendency is debatable.At the same time,this paper explores the infringement defenses of the new authors in the use of the original characters,whether it may constitute reasonable use and avoid liability for infringement.At present,there is no unified standard in the determination of fair use in our country,which leads to different courts having different judgment results.Therefore,this paper seeks specific solutions in the last chapter.At the same time,this paper proposes whether it is possible to achieve the effect of protecting the character elements by recognizing that the persona has copyrightability.It is hoped that the Copyright Law will work.It can protect the original copyright owner,and also leaving a certain space for the creation of new works.