Research On Copyright Issues Of Fan Works

Based on the combination of China’s actual national conditions and legal regulations,this article analyzes the application of fan works in China’s current legal situation and judicial practice,and draws on the most representative countries outside the region,including Japan and the United States,for specific legal measures for fan works.Under the premise of clarifying the legality of copyright protection for the same-person works,the scope of rights and obligations of the authors and the protection principles are divided to coordinate the conflict of rights with the original works,and at the same time,it can be concluded that the literary virtual character role can copyright and infringe the original works Standards for protecting the integrity of works.Further build a permission model for non-commercial and commercial fan works to protect the space of fan creation and the balance of the interests of the original author.In judicial practice,in judging the infringement of the copyright of the original work by the work of the same person,the issue that should be paid attention to is the distinction between thought and expression.For the determination of whether it constitutes substantial similarity,it is necessary to specifically determine whether the borrowed elements constitute expression and further determine the extent to which the amount of constitute expression is reached under the conditions of abstract separation.When applying the fair use system,reference should be made to the US“Four Factor Standards” including factors such as whether it constitutes transformative use,whether it has a commercial purpose,and the potential market and value of the original work.The main innovation of this article is to clearly establish the permission system of fan works;and through the comparison of judicial cases,including China and foreign domains,analysis and judgment of the infringement determination standards and specific procedures of fan works,and put forward the reasonable use of fan works Factors that should be considered in the system.