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Issues Concerning the Identification of Copyright Infringement of Fan Fiction and Suggestions for improvement - Japan as a reference -

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2021, (33), pp.117-138
  • DOI : 10.31839/ibt.2021.01.32.117
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law
  • Received : March 23, 2021
  • Accepted : April 23, 2021
  • Published : April 30, 2021

LI-ZENGJIE 1,  YU-YONGLONG 1

1青岛大学法学院

Accredited

ABSTRACT

With the rapid development of Fan Fiction all over the world, the influence it brings has become more and more obvious. The essence of Fan Fiction is the audience's constant revisiting of the text, the audience's imagination of the original work, and the interpretation of the original work from multiple angles. In recent years, the rise of various online platforms such as forums and novel websites has prompted a large number of fans The dissemination of works on the Internet, at the same time, in the modern development process of Fan Fiction, unlike the early Fan Fiction that are only for communication and appreciation, it continues to show its unique commercial value. The unique characteristics of Fan Fiction are different from the original works. The contradiction has become more prominent, and the conflict of interest between the two has become more distinct. While Fan Fiction bring huge benefits to the cultural industry, a series of copyright infringement issues should also be noted. Due to the lack of clear regulations on Fan Fiction in my country's current copyright law, fan creation is often in a gray area, and infringement cases occur frequently. This article first discusses the concept, classification and nature of Fan Fiction; secondly, by analyzing the two cases of Jin Yong v. Jiangnan and Xuan Ting Company v. Zhang Muye for copyright infringement and unfair competition, the current copyright infringement of Fan Fiction in China The current situation is described, and then the problems existing in the identification of copyright infringement are summarized. When the author defines the infringement standards of Fan Fiction, the author mainly discusses the four aspects of deductive works, fair use system, unfair competition, and the dichotomy of thought and expression. , And by comparing the infringement of Fan Fiction in Japan, summed up the enlightenment to our country, and learn from Japan’s experience; finally, it is proposed to clarify the status of Fan Fiction in law, expand the scope of the fair use system, and distinguish the substantive nature of different types of Fan Fiction Similar standards are used to improve the recommendations for identification of copyright infringements of Fan Fiction.

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