Study On Copyright Protection Of Characters In Literary Works

In recent years,infringement cases of secondary creation using characters of literary works have occurred from time to time,and the issues of whether characters can become the objects of protection under copyright law and how to determine the standards of copyrightability and infringement determination of characters have become hot issues.With the title of "Protection of character image copyright of literary works",this paper takes the current judicial chaos as the entry point,and analyzes some controversial places in the existing research results.Article from the concept of literary characters and the necessity of character protection,from the perspective of the object nature of literary characters,trying to analyze the trademark law,law of unfair competition,the limitation of image protection,the most suitable for the copyright law,should improve the copyright protection system of literary characters.With a large number of cases to analyze the infringement and relief methods of literary characters in judicial practice,focusing on the copyright of the original characters and the unified infringement standard in the infringement case of the characters of literary works.First of all,the character image must meet the standard of originality in the works,and the characters created by the author should also be separated from the category of thought.Secondly,verify whether the fan works using the original works are substantially similar to the original works,and whether there are reasonable reasons for defense.Explore the copyright judgment standard of literary character image,analyze the infringement identification standard of character image,and try to establish the copyright standard and infringement identification standard of characters in literary works,and finally try to put forward the protection path of character image in literary works.