Research On Copyright Protection Of Virtual Idols

Virtual idols have become another outlet since the popularity of the meta-universe and virtual reality,and the output value of related industries has been rising and has received widespread attention from the society.Virtual idols are both a novelty and a familiar look to the public.It was born out of the two-dimensional culture,and first appeared in Japan as animated characters,and in the process of entering the development of our country,it has a wide audience and deep cultural soil,and soon swept the country and has a good performance.As a cultural product,virtual idols are legally inseparable from intellectual property protection.However,whether looking at overseas or domestic legal systems,it is difficult to find specific corresponding provisions on how to apply copyright laws to virtual idols,and they have not been fully discussed in theory and practice.In recent years,copyright infringement cases and reports about virtual idols have emerged one after another,bringing new problems and challenges to the judiciary.Therefore,this thesis discusses the copyright protection of virtual idols in depth in view of this legal gap,combined with domestic and foreign theories and cases.Research on the copyright protection of virtual idols specifically includes: First,basic theoretical exploration.Explain the concept and classification of virtual idols;Explain in detail the components of virtual idols,and point out the unique role and status of each component,laying the groundwork below;Combining the constituent elements,it is argued from the perspective of constituent elements that virtual idols can constitute works under copyright law,and may constitute audiovisual works,compilation works or other intellectual achievements that conform to the characteristics of the work.Second,it discusses the necessity of protecting the copyright of virtual idols.Explain the necessity of protecting virtual idols through copyright in light of the actual situation.Compare and analyze other IP sector laws to highlight the appropriateness of copyright law protection.Third,the problem of protecting the copyright of virtual idols.Although the copyrightability of virtual idols has been discussed earlier,there are no explicit provisions in the law and no relevant judicial interpretations or guiding cases,and it is not easy to clarify the protection of virtual idols under the Copyright Law.On top of this,the criteria for determining infringement and the attribution of copyright need to be explored.In addition,it is necessary to fully consider the issue that the second creation may constitute infringement.Fourth,refer to extraterritorial experience and practices.The United States has done a good job in the copyright protection of virtual characters,and the copyrightability standards of virtual characters formed by it have also greatly affected China’s judicial practice;Japan is the birthplace of virtual idols,and there are already a large number of examples of virtual idol copyright protection.By describing the practices of the two countries in the copyright protection of virtual idols or virtual characters,this thesis provides reference and reference for the methods and suggestions of copyright protection of virtual idols later.The proposal to improve the copyright protection of virtual idols in China is a response to the aforementioned questions,and it is also the author’s idea of improving the copyright protection system for virtual idols.The author supports the inclusion of virtual idols in the object of protection under the Copyright Law.The key lies in the determination of copyrightability and the determination of originality and substantive similarity,and the principle is still a specific analysis of specific issues.For the subject of copyright rights of virtual idols,the author refers to the provisions and principles of film works to explain that the rights belong to the producer.Finally,suggestions are put forward for the second creator and the original author to avoid the risk of infringement of the virtual idol and the second creation;It is also recommended that the copyright of virtual idols be registered.