Copyright Protection Of Fan Works

Fandou works are new types of works that are re-created using some elements from one or several existing works.Their particularity is that they rely on the original works and are completely different from the story structure of the original works.Fandom works are different from traditional work types and are new work types that have emerged with the rise of fan culture in recent decades: they are different from original works because they draw on some factors of original works;they are also different from adapted works because they are The connotation lies in being loyal to the original work,and the connotation of fanwork is in change.Therefore,in real life and academia,many controversies have arisen because they cannot be categorized as traditional work types.The controversy of fan works is mainly due to the interweaving between the original works and the copyright of the fan works.The copyright of the original works does not have a clear legal placement,which makes the fan works embarrassing.There are many similar emerging types of works in reality.In an awkward situation,studying fan works has a strong directive effect on these works.This article is mainly based on the development of fan works,the relationship with the existing types of works in the copyright law,the plight of regulating fan works in China’s reality,and the beneficial experience of other countries to regulate fan works,for new emerging including fan works.Provide samples for the development of work types.The current "Copyright Law" in our country does not stipulate how to regulate the work of the fan,and there is no existing law that can place the work of the fan.In the latest case,the court will judge disputes between fan works with unfair competition law,and use unfair competition law to solve problems in the field of copyright law.It is only an expedient measure when problems arise when the law is not sound.Of course,the copyright law still needs to be solved.This article will proceed from judicial precedents,aiming at the disadvantages of dealing with fandom works in unfair competition law in jurisprudence,by analyzing the ways of regulating fanwork in other countries and the advantages and disadvantages of these processing methods,combined with China’s actual situation,it is proposed that China is feasible for fanwork development Laws and regulations and system construction.This article adopts a series of scientific research methods such as comparative research,literature research,and inductive analysis to analyze the current status of fan works through the analysis of domestic and foreign literature,and seeks to protect the fan works in the Copyright Law,whether it is Whether it is a fan work or the copyright of the original work is a practical method.At the same time,in order to make up for the shortcomings of the "Copyright Law" in the protection of emerging works,the scope of reasonable use should also be appropriately expanded to avoid the difficulty of developing new works every time.In addition,it is possible to emulate the foreign knowledge sharing agreement system so that the re-creation works have a system to regulate their relationship with the original works at the beginning of creation.In the end,I hope that through the research and discussion of this article,we can solve the plight of the development of fan works in China,try to establish a good environment for the creation of fan works while ensuring the rights and interests of the copyright owner of the original work,and develop for the type of marginal works similar to fan works Provide templates to promote cultural development.