| Driven by both policy support and market demand,China’s animation industry has developed rapidly in the past 10 years,and excellent domestic cartoons containing national culture and socialist core values have emerged one after another.Role playing(for the convenience of writing,the following "role playing" and "Cosplay" will be mixed)is a subculture derived from animation,which breaks through the barrier between dimensional walls,as a "bridge" between animation and reality,and is loved by young people.It is the attention and business opportunities brought by role-playing(Cosplay),variety shows,commercial platforms,etc.,like to use Cosplay as a gimmick to attract attention and attract audiences.Subsequently,is the animation works copyright owner rights,due to the legal lag,a series of new complex role playing(Cosplay)copyright infringement cases,in animation characters copyright,Cosplay and suspected infringement of copyright type,reasonable use of identification,conversion use of a certain extent standard,controversial judgment,so this paper tries to combine the current judicial practice and Cosplay specific reality,from the following levels.The main text is divided into four parts:The first chapter first introduces the animation industry development and role play industry profile,according to related industry reports,in recent years in China animation industry continues to expand,role play by niche behavior gradually become a new business stunt,considerable economic interests and rising business heat,involving a series of copyright infringement disputes.Then this article from several in recent years about Cosplay infringement lawsuit,by comparing the case of the lawsuit and the judgment,found in the judicial practice for infringement works "substantially similar",originality,reasonable use are controversial,even the same case in the two cases also appeared very different situation.In order to clarify the trial dispute,it is necessary to discuss the copyright law of animation role-playing behavior infringement theoretically.The second chapter mainly analyzes the work attributes of animation characters.First,this paper discusses the copyright of animation characters and conforms to the characteristics of the works.Then the further analysis of the animation character image belongs to the plane "art works" category.Finally,based on the characteristics of animation role-play from plane to three-dimensional reproduction,whether the elements used in animation role-play behavior constitute art works,whether they have originality and aesthetic significance are discussed from the perspective of part(hairstyle,clothing,makeup)and the whole.The third chapter is to distinguish the types of animation role play behavior,the first discusses the article animation role play behavior from the broad level,namely includes role play auxiliary behavior(selling,production,etc.),and then from the animation role play copy and subsequent transmission of two behavior,combined with article 10 of the proprietary rights,analysis of animation role play behavior infringement of copy,distribution,exhibition,performance,adaptation,broadcast and information network transmission.The fourth chapter discusses the infringement of animation role-play from the perspective of whether it constitutes reasonable use defense.In November 2020,China’s third amendment of China’s Copyright Law formally incorporated the "three-step inspection method" into the judgment criteria for reasonable use.Based on the "three-step test",based on the American "four elements",combined with the "conversion use" rules,the animation role play constitutes rational use into three parts to discuss,namely,animation role play is a reasonable use(personal use,appropriate reference and conversion use,free performance),whether affect the normal use of works(purpose,used quantity and quality),whether unreasonable infringement of the legitimate rights and interests of copyright owners.It is further concluded that in some cases,if the animation role-play behavior does not constitute a reasonable use,the legal liability of infringement will occur. |
