Research on Fair Use of Fan Creation in the Context of the Internet

DOI: https://doi.org/10.62517/jel.202514202

Author(s)

Wenjing Chen

Affiliation(s)

School of Law, China Jiliang University, Hangzhou, Zhejiang, China

Abstract

With the advancement of the Internet and the benefits of technological progress, fan creations in China have flourished unprecedentedly, giving rise to significant legal and societal issues. Due to the inherent conflict of rights between fan-created works and original creations, arising from their derivative nature and shared interests, coupled with the inadequacies of current legislation, the determination of copyright infringement in fan-created works remains challenging. To better reconcile the tensions between original authors and fan creators, this paper examines the current status and issues surrounding the development of fan-created works in the context of the Internet. It also analyzes the main theoretical frameworks for fair use in both Chinese and international contexts, such as the "Three-Step Test" and the "Four-Factor Standard", aiming to strike a balance between copyright protection and public interest, and to more effectively regulate the development of fan culture.

Keywords

Fan-Created Works; Fair Use of Copyright; Interest Balance; Four Elements; Transformative Use

References

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