Research On The Legal Issues Of The Copyright Of Fan Fiction Works

The modern sense fan fiction is produced in Japan and gradually shows trend of industrialization,the United States as well.in our country,fan fiction is still a new thing,but with the development network it quickly enters into public vision and becomes the direction of the development of contemporary popular culture,the development trend of them will also be more rapid.This kind of work is ingenious and is the product of free expression of the thought of the author.It not only conforms to the constituent elements of copyright law works,but also is unified with the purpose of copyright legislation.In addition,the fan fiction is the transmission and cultural inheritance of the original works,and is also the identity of the writers of the same generation to participate in the creation of mass culture.however because of its characteristics and deficiency of the law,so there is great possibility of conflict with the original.Therefore,defining the legal status and protecting copyright is a urgent matter.Only in this way can solve the disputes and achieve the purpose of copyright,which encourages creation and promotes the development of the scientific and culture.Based on this,this paper takes the related issues of the copyright of the works of the fan fiction as the research base,and step by step.The first is clear the legal nature of fan fiction works,in other words fan fiction works whether can have copyright,only the precise positioning and grasp,to further study;second is to coordinate to solve the problem of fan fiction works and original copyright law conflicts,conflict with the copyright in the original work has become the main resistance of copyright infringement and the main basis for development,therefore the coordination of the two works dispute law right to strive for the development of space is reasonable,the last is fan fiction works copyright protection,since its nature and conflict has been demonstrated and reasonable solution,so it should be subject to copyright protection,the conclusion of this paper,one is give copyright protection,two is give reasonable use system of protection,three is through the creative commons to protect.These three elements constitute the core content of this article,and are also a miniature of the structure of the article.Following the above research ideas,the contents of the chapters are as follows:The first chapter is the introduction,which discusses the reasons for the topic and the significance of the research,the research status and the content of the research at home and abroad.The second chapter is an overview of the fan fiction.First takes the questions at the starting,then introduces the the origin and development about Japan and the United States,which the fan culture’s birthplace.then,points out its situation in China.At last,through the detailed discussion of fan fiction works,including its basic concept,characteristics,classification,and its value.The third chapter analyzes the legitimacy of the fan fiction.This chapter first concludes that the fan fiction works should belong to the originality of the derivative works and be protected by copyright,then give a comprehensive demonstration of its legal nature,from the intellectual property philosophy of labor property theory to balance theory incentive theory,from the analysis of copyright works elements to mutual and equal right of expression and copyright,all demonstrates that its the creator of the human intellectual labor and the expression product of ideological freedom.Now fan fiction legitimacy has made theoretical support.The fourth chapter discusses the possible conflicts between the copyright of fan fiction works and the original right,analyzes the reasons for the authors to prevent disputes,and concludes the conflicts and illustrates the attentions.The fifth chapter is the proposal for the copyright protection of the fan fiction works.First,introduces the legal adjustment of fan fiction in Japan and United States.Then,points out the problems of the current law in China.Finally,propose the suggestion of copyright protection,one is to protect them in independent works,the other is to improve the fair use system in China,and introduce a reasonable conversion system to help the fan fiction,last is through the creative commons to protect.