Establishment And Protection Of The Commercialization Rights Of Virtual Characters In Copyright Law

Virtual roles are non-existent in reality,fictional role images,which exist widely in film and television works and Book works.These colorful virtual roles,as a popular form of creative culture,have become an indispensable part of the development of modern society and culture.Nowadays,with the development of related creative technology and the active encouragement of policies,the relevant industries in our country are also constantly upgrading and perfecting.Virtual roles in excellent cultural works are becoming more and more well known,and their hidden commercial value has also attracted the attention of market operators.Under the background of market,commercialization behavior emerges as the times require.The commercialization of virtual roles is to redesign the characteristics or shape characteristics of virtual roles,apply them to the business field,and obtain economic value based on role visibility.In our country,the commercialization right of virtual role is a relatively new concept.Although it is not written,it actually exists and affects the related cultural industry.Although China’s intellectual property system is already complete,the rapid pace of cultural industry innovation,coupled with the lag of laws,has resulted in the merchandising rights of virtual roles not being carefully protected in statutory law,which has resulted in the loss of the interests of role owners.Over time,related cultural industries will inevitably be frustrated,making them unable to develop in a good market environment.In view of the commercialization of virtual roles,the author consults the relevant literature and combines Chinese and foreign cases,and finds that the ways to protect the commercialization of virtual roles are not uniform.There are not only differences between countries,but also different protection modes in different periods of the same country.The author believes that among the basic intellectual property rights,the merchandising right of virtual roles is most closely related to copyright,and seeking the protection of copyright law when the rights are infringed is also the easiest and lowest-cost way.This choice is not only in theory,but also in practice at home and abroad.This paper gives a detailed introduction to the origin and content of the development of the right to commercialization of virtual roles,introduces the relevant cases in the United States and Japan and the current legal protection mode,combines the development process of virtual roles,clears up the development of the right to commercialization of virtual roles,and demonstrates the feasibility of the legislation of the right to commercialization of virtual roles from the perspective of copyright law with reference to the current judicial practice in China.Considering both the legislative strategy from nothing to nothing and the specific system design from the practical level,this will provide a feasible way to protect the commercialization right of virtual roles.By expanding the object protected by the Copyright Law,defining the scope of protection,setting up the commercialization right of virtual roles and setting up a record registration system,we can protect the rights of authors so as to encourage creation and promote the development of industries.