Ipresearch On The Protection Of Authors’rights In The Second Creation Of Pan-entertainment IP

With the continuous increase of the pan-entertainment industry and user-generated content and the continuous development of Internet technology,the creative behaviors of "fans" such as interpretation and compilation are no longer enough to summarize the current new situation of the secondary creation of pan-entertainment IP.Compared with the creation of "fan-entertainment" IP,the secondary creation of pan-entertainment IP has the characteristics of a small proportion of the original work,various forms of derivative products around audio,video,and video,and a large number of digital publications on the pan-entertainment platform.Based on this situation,only by determining the copyright regulations for the secondary creation of pan-entertainment IP,can the attributes of the secondary creation of pan-entertainment IP and the rights enjoyed by its authors be clarified,so that the secondary creation of pan-entertainment IP can be used in the current copyright law.To exercise their rights and interests reasonably and legally within the scope.First of all,the secondary creation of pan-entertainment IP should be judged whether it should be attributed to the "reasonable use" of the original work according to its citation ratio to the original work and whether it is a "transformative use".According to the "fair use" and non-"fair use" secondary creation of pan-entertainment IP,discuss the objects that may have a right relationship with the author of the secondary creation of pan-entertainment IP.In terms of the subject of rights,because the rights of the author of the secondary creation of the pan-entertainment IP and the author of the original work overlap in the rights of adaptation,compilation,and protection of the integrity of the work,the exercise of their rights is restricted by the author of the original work;and the secondary creation of the pan-entertainment IP The author has transferred part of the author’s rights in the agreement on the use of works published by the Pan-entertainment platform,so that the Pan-entertainment platform may also enjoy part of the author’s rights.Due to the new revision of the Copyright Law in 2020,the definition of works has been revised,which has also made the object of the author’s rights in the secondary creation of pan-entertainment IP more explorable.It may lead to the diversity of work forms,which is not limited to the first eight work forms in Article 3 of the Copyright Law,but may also belong to "other intellectual achievements that conform to the characteristics of the work." The content of the author’s rights in the secondary creation of pan-entertainment IP is relatively low.Scattered,scattered in the Copyright Law,the Regulations on the Implementation of the Copyright Law of the People’s Republic of China,the Regulations on the Protection of Information Network Dissemination Rights,and the Interpretation of the Supreme People’s Court on Several Issues concerning the Application of Law in the Trial of Copyright Civil Dispute Cases.Secondly,according to the current status of my country’s copyright law legislation,it rationally analyzes the implementation methods for the protection of the rights of the secondary creators of the pan-entertainment IP,and understands that the secondary creators of the pan-entertainment IP can use judicial channels,internal channels on the platform,and independent rights protection.Safeguard your own legitimate rights and interests.Thirdly,through the retrieval of judicial cases that have occurred,we can sort out the reasons why the secondary creators of pan-entertainment IP are prone to infringe their rights in the process of creation and dissemination.There are doubts about the ownership of the rights of IP secondary creation works,the difficulty of proof in the process of litigation,and the high cost of rights protection.In addition,the rights dilemmas related to the narrow channels for obtaining the authorization of the author of the original work and the difficulty in pricing,the unclear standards for the conversion of the previous works,and the unilateral statement of the pan-entertainment IP company claiming the rights to the second-created works are also the focus of attention.Not only are there many issues concerning the rights of the authors of the secondary creation of pan-entertainment IP in my country,but in fact,the secondary creation of pan-entertainment IP originated in the United States and flourished in Japan,and has an important influence on cultural creation and development worldwide.The "special defense" transformative use system,Japan’s "flexible use rights restriction clause" and the EU’s "Copyright Directive" just passed in 2021 have found useful content for my country’s judicial practice.Finally,since the secondary creation of pan-entertainment IP is often based on the original work,only by balancing the relationship between the secondary creation and the original work can Chinese cultural creation flourish and not fall into the attack of one creator,two creators and users.Murder or disorderly expansion of rights.The secondary creation behavior of pan-entertainment IP,author and work characterization have all been properly resolved due to the new revision of the Copyright Law in 2020.Therefore,by analyzing "non-exclusive promises",establishing a "digital works marketplace" to reduce licensing costs,and resolving unreasonable issues based on agreements The feasibility of using the authorization of the secondary creation works,and finally find a reasonable path for the protection of the rights of the author of the secondary creation of the pan-entertainment IP.