The Dilemma And Way Out Of Fan Works In The Digital Age

In recent years,with the rapid development of science and technology,Chinese fan works are accompanied by network and digital technology.The modes of communication and the forms of expression of the works are increasingly diversified,at the same time,the infringement of the fan works are coming into the publical view gradually.For example,2006 a blood case caused by a steamed bread Internet short video infringement case,2015 perfect World Software Company v.Shanghai Wild Fire Network Technology Co.,Ltd.Violation of the right to adapt works,2015 Ghost Blows Out the Light and Touching gold capitain The infringement dispute,the case of Jin Yong v.Jiangnan in 2016,the 2017 Animation of Noodling,etc.,has become a popular topic in the publishing and legal circles.In this paper,the author analyzes the dilemma of the fan works in the digital environment from the angle of legislation and system.By introducing the concept of transformed use,it gives legal status to some of the fan works that meets the legislative purpose,and at the same time protecting the interests of the original author by means of payment of compensation,and constructs a copyright publicity and registration system that meets the interests of all parties.So as to find a way to break through the current predicament for the domestic works.The first chapter is the summary of the fan works according to which introduces the fan works from the definition origin and classification of the fan works,and distinguishes the related and confusing concepts from the fan works,because the fan work itself is not a legal concept.The existence and development of this kind of works are controversial because of the blank legislation and the characteristics.The second chapter,the analysis of current situation about fan works,first of all,domestic industry status,judicial practice in the legal regulation of the status is studied and summarized;secondly,Starting with the particularity of the digitized fan works and the lag of the law,this paper analyzes the existence of the fan works.Finally,from the aspects of legal characterization,existing authorization system and the conflict of rights and interests between the original authors,the author thinks about the obstacles to the development of domestic fan works in three aspects: the legal characterization of fan works,the existing authorization system and the conflict of rights and interests between original authors.The third chapter,the legal regulation and the development model of the overseas fan works to our country,because Japan and the United States are the earlier countries of fans culture,This chapter attempts to gain some inspiration by introducing the relevant legal systems and development models of Japan and the United States.The fourth chapter,how to find a way out in the digital background,first of all,from the point of view ofthe necessity and feasibility of dispute resolution,put forward the legitimacy of the fan works dispute resolution reasons,and then through probing into the methods of perfecting legislation,optimizing system and building platform,the author tries to find a suitable way to survive and develop fan works under the challenge of digitization.