Research On The Legal Protection Of The Fan Fiction’s Copyright In China

There are a thousand Hamlets in the eyes of a thousand readers.As long as there are stories,there will be works of the same person.The fan fiction based on the original characters,story lines,background of the times and other elements,adding personal creativity.Because the fan fiction dependent on the original work,these acts will inevitably infringe the prior rights of the original author.At the same time,the fan author also forms his own creative expression in the fan fiction.This part of copyright should be protected by law.Nowadays,the copyright disputes between the original work and the fan fiction are increasing day by day.There is no final conclusion about the definition and legitimacy of the fan fiction,not mention protection.Therefore,in the face of the contradictions and legal problems brought by the development of these new things,we have intensified the urgency of theoretical research on the protection of the copyright of our own works.Based on this,this paper intends to adopt the method of combining theory with practice,first,starting from the basic concept of the fan fiction,analyzes the meaning,characteristics and types of the fan fiction.Then,expounds the differences and relations between the fan fiction and the original works,the deductive works,the plagiarized works and the parody works.After that,analyzes the legal protection value of the fan fiction’s copyright,and draws the conclusion that the fan fiction’s copyright should be protected by the copyright law.Next,this paper reveals the problems existing in the legal protection of the copyright of the fan fiction in China at this stage,studies the legal protection of extraterritorial legislation and judicature on the copyright of the fan fiction,mainly in the United States and Japan.Our country can draw on advanced experience and draw lessons from our legislation and judicial practice.Finally,combined with the existing problems in the previous article and the protection experience of abroad,this paper puts forward suggestions on the legal protection of the copyright of the fan fiction in China and establishes the legal status of the fan fiction.At the same time,we should expand the scope of fair use system and introduce the four elements of American fair use system and transformative use into our fair use system.Besides,we can adjust the conflict between the original works and the fan fiction by using the creative commons and the establishment of the copyright protection platform of the fan fiction,so as to guide the healthy and orderly development of the fan fiction in China.