同人作品知识产权冲突问题研究
发布时间：2019-04-02 17:34
【摘要】：同人作品作为一种新型的创作形式在日本、美国等发达国家起步较早，但是随着近些年互联网与信息技术的发展，在传播和影响范围上都比之前有了极大的扩大，因此在中国也有相当数量的拥护者。同人作品运用原作的人物、设定等元素进行再创作的特征，使得在创作和传播的过程中会引发一些法律纠纷。但是对于同人作品的定性和态度，世界各国却持有不同看法。本文将在明确同人作品的概念和分类的基础上，通过对国内外对待同人作品的态度和案例的分析，总结出同人作品和原作之间法律纠纷发生的原因，并探讨解决纠纷的方法。 同人作品与原作之间的知识产权的冲突主要来自两个方面：一方面是原作与同人作品之间的著作权冲突问题；另一方面是原作与同人作品之间的商标权冲突。本文通过对于这两方面的冲突进行深入分析，来判断同人作品是否对原作构成侵权，若构成侵权，会侵犯原作者那些方面的权利。若不构成侵权，又如何确定同人作品的法律地位。 本文通过对同人作品和原作之间的权利冲突的分析，寻找冲突的原因，并提出同人作品创作规范的调整，，可以有效地解决同人作品和原作之间的冲突的观点。并建议使用CC协议来让渡一部分权利给同人创作者来缓解冲突，或是运用合理使用制度，来维护同人创作者的权利从而限制原作权利人的权利范围，从而解决同人作品与原作知识产权的冲突问题，以促进文化的传播和发展。
[Abstract]:As a new form of creation, peer works started early in Japan, the United States and other developed countries, but with the development of the Internet and information technology in recent years, the scope of communication and influence has greatly expanded than before. As a result, there is also a considerable number of proponents in China. Using the original characters and setting elements to re-create the works, it will lead to some legal disputes in the process of creation and dissemination. However, different countries hold different views on the nature and attitude of the work of the same person. On the basis of defining the concept and classification of the work of the same person, this paper summarizes the causes of the legal dispute between the work of the same person and the original work through the analysis of the attitudes and cases of the treatment of the work of the same person at home and abroad, and probes into the methods of resolving the dispute. The conflict of intellectual property between the original work and the original work mainly comes from two aspects: on the one hand, the copyright conflict between the original work and the original work; on the other hand, the conflict of trademark right between the original work and the original work. Through the deep analysis of these two aspects of conflict, this paper determines whether the co-author's works constitute infringement on the original work, and if so, it will infringe on the rights of the original author. If it does not constitute infringement, how to determine the legal status of the work of the same person. Based on the analysis of the conflict of rights between the co-author's works and the original works, this paper tries to find out the causes of the conflict, and puts forward the idea that the adjustment of the standards of the co-author's works can effectively solve the conflict between the co-author's works and the original works. And it is suggested that the CC agreement should be used to transfer some of the rights to the co-creator to ease the conflict, or to use the reasonable use system to safeguard the rights of the co-creator and to limit the scope of the rights of the original copyright holders. So as to solve the conflict between the work of the same person and the original intellectual property, in order to promote the spread and development of culture.
【学位授予单位】：上海大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D913
本文编号：2452755
[Abstract]:As a new form of creation, peer works started early in Japan, the United States and other developed countries, but with the development of the Internet and information technology in recent years, the scope of communication and influence has greatly expanded than before. As a result, there is also a considerable number of proponents in China. Using the original characters and setting elements to re-create the works, it will lead to some legal disputes in the process of creation and dissemination. However, different countries hold different views on the nature and attitude of the work of the same person. On the basis of defining the concept and classification of the work of the same person, this paper summarizes the causes of the legal dispute between the work of the same person and the original work through the analysis of the attitudes and cases of the treatment of the work of the same person at home and abroad, and probes into the methods of resolving the dispute. The conflict of intellectual property between the original work and the original work mainly comes from two aspects: on the one hand, the copyright conflict between the original work and the original work; on the other hand, the conflict of trademark right between the original work and the original work. Through the deep analysis of these two aspects of conflict, this paper determines whether the co-author's works constitute infringement on the original work, and if so, it will infringe on the rights of the original author. If it does not constitute infringement, how to determine the legal status of the work of the same person. Based on the analysis of the conflict of rights between the co-author's works and the original works, this paper tries to find out the causes of the conflict, and puts forward the idea that the adjustment of the standards of the co-author's works can effectively solve the conflict between the co-author's works and the original works. And it is suggested that the CC agreement should be used to transfer some of the rights to the co-creator to ease the conflict, or to use the reasonable use system to safeguard the rights of the co-creator and to limit the scope of the rights of the original copyright holders. So as to solve the conflict between the work of the same person and the original intellectual property, in order to promote the spread and development of culture.
【学位授予单位】：上海大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D913
【引证文献】
相关期刊论文 前2条
1 尹洁;;网络同人小说的版权保护[J];法制博览;2016年18期
2 王春穗;;法治视野下同人作品侵权标准初勘[J];知识经济;2016年04期
本文编号：2452755
本文链接：https://www.wllwen.com/falvlunwen/zhishichanquanfa/2452755.html
