Research On The Copyright Protection Of Fan Fiction

Fan fiction is a product of fan culture.In recent years,it has been gradually brought into the public eye due to relevant cases.In the process of creation,fan fiction will borrow elements from the original works,so there will be a conflict between the two.In the current judicial practice,even if the author of fan fiction invokes fair use as a defense,the judge is difficult to judge whether the fan fiction is fair use because of the lack of flexibility of fair use in China.Therefore,they will resort to the anti-unfair competition law to solve disputes.But whether this law applies to the conflict between the copyright of fan fiction and the original work is doubtful.At present,the research on the copyright of fan fiction mainly focuses on its nature,similarities and differences with other creations such as adapted works,fair use and the right of the original work.Only a few of them discuss the application of anti-unfair competition law.In addition,only a few literatures can demonstrate the legitimacy of fan fiction’s copyright protection from the theoretical basis of copyright law.This thesis start with two cases in China,discussing the application of fair use and unfair competition law in copyright protection of fan fiction by means of literature research,case analysis and comparative study.Based on the analysis of the theoretical and legal basis of the copyright protection of fanfiction,the author believes that fanfiction should be protected,and points out the limits of the protection of fanfiction through the application of fair use rules and anti-unfair competition law,so as to provide suggestions for improving the protection of fanfiction.The thesis is divided into four parts.Chapter one defines the characteristics and types of fan fiction.These contents are the basis of the research.Chapter two points out the legitimacy of the protection of fanfiction.First,from the perspective of the legitimacy theory of copyright.Then,from the perspective of originality,it explains the necessary conditions for the protection of fanfiction.Finally,it points out the basis for the protection of fanfiction from the idea/expression dichotomy of copyright.Chapter three discusses the limits of fan fiction’s protection.This thesis analyzes the application and existing problems of fair use rules and anti-unfair competition law in fan fiction,and introduces the relevant laws and judicial practices in the United States and Germany,so as to provide reference for the protection of fan fiction in China.At the same time,the author briefly describes the other torts of fanfiction and makes clear the protection limits of fanfiction.Chapter four puts suggestions on protecting the copyright of fan fiction,including perfect the fair use,use the anti-unfair competition law prudently,and use Creative Commons as an auxiliary means to reconcile contradictions.