The Copyright Regulation Of Fan Fiction In China

Fan Fiction,as a fast-developing new-comer after the born of the Internet,is a category of literary works with low threshold and wide audience.Along with its development,the copyright of Fan Fiction is hotly debated.At present,this problem contains of the legal concept of Fan Fiction,the relationship between Fan Fiction and the deductive literature,the infringement of the personal right and the property right between the authors of Fan Fiction and the authors of the original literature,and so on.In Chinese judicial practice,cases and legal disputes about Fan Fiction appears sometimes,while the copyright law is weak when dealing with these problems.Therefore,it is necessary to explore and establish the legal regulation of the copyright of Fan Fiction,and could have great value as a realistic reference.Based on the concept itself and theoretical basis,combined with the current situation of legislation and judicial practice,combining the existing academic achievements of the study of the problem,the problem of insufficient effectiveness of the regulation of the copyright of Fan Fiction.and then focuses on analyzing why the copyright regulation of Fan Fiction should be carried out,and at the same time,looking for the reference experience of the copyright norm of Fan Fiction abroad(The United States,Japan,Germany)and finally put forward some views.In order to regulate the copyright of Fan Fiction,we should do four things,firstly,we can’t classify Fan Fiction as deductive work,and we should amend Article12 of the Copyright Law to add a proviso clause,so as to give Fan Fiction an independent,Complete copyright protection;secondly,article 22 of the Copyright Law shall also be amended to add another case,that is,the new works which have new perspectives,ideas,values or functions,and can convince the reader that it is a new work with independence and integrity;thirdly,the right of integrity should be appropriately restricted to create a new balance between the freedom of creation and the personal rights;fourthly,on the basis of the above three articles,the case screening of Fan Fiction should be strengthened to prevent the abuse of the rights of newly revised articles 12 and 22.