Tongren creation is a new form of literary creation, which refers to the author's absorption of elements such as character images and plot settings on the basis of the original work, injecting their own inspiration into it, and then creating a new work through secondary creation. With the vigorous development of the Internet, there are more and more domestic peer fans, and the literary and economic value of peer works is also increasingly apparent. However, due to the use of some elements of the original work in fan works, there is inevitably a certain relationship with the original work, which is one of the important reasons why fan works are prone to disputes with the original work. From the existing laws and regulations in our country, it can be seen that there is no clear provision in our country's copyright law to regulate, constrain, and protect fan works. It is precisely the lack of laws on fan works in our country that makes it almost impossible for them to receive legal protection. In this context, this article starts with the copyright protection of fan works, and based on discussing the relevant theories of fan works, explores the positive values that should be protected. Then, by sorting out cases involving the copyright of fan works, starting from the actual protection of fan works copyright, the existing problems and shortcomings are summarized and summarized. Finally, based on the current legislative situation in our country and combined with the actual situation, corresponding suggestions are proposed to solve the problems in the process of protecting the copyright of fan works, so that fan works can play their due social and cultural value in society.

Zhao Xinru, Duan Huihua, Qian Qin. Research on the Intellectual Property Protection of Fan Works. International Journal of Frontiers in Sociology (2024), Vol. 6, Issue 5: 42-47. https://doi.org/10.25236/IJFS.2024.060507.

[1] Song Huixian. Copyright protection and freedom of expression [M] Beijing: Law Publishing House, 2014.

[2] Wang Zheng. The World of Tongren [M]. Beijing: Xinhua Publishing House, 2008:276.

[3] Wang Qian. The Freedom and Constraints of Same Person Writing [J]. Legal Person, 2020 (3): 91-94.

[4] Ouyang Jie, Dai Qifu. On the Legal Attribute of Tongren's Works [J]. Journal of Zhoukou Normal University, 2021 (38): 119-125.

[5] You Jie, "Between Privity and Sharing: A Philosophical Reflection on the Conflict between Copyright and Expression Rights." Shanghai Jiao Tong University Press, 2014:16.

[6] Yuan Xiuting. Misconception of Intellectual Property Rights in Tongren's Works - Derived from the Case of Jin Yong v. Jiangnan [J]. Electronic Intellectual Property, 2017 (C1): 53-59.

[7] Long Wenmao. The Cultural Accumulation Function of fan works and their Legal Interest Relationship with Competition Law of Previous Works: A Case Study of "The Youth in This World" [J]. Electronic Intellectual Property 2016 (12): 10-17.

[8] Wang Chunsui. Preliminary exploration of infringement standards for fan works from the perspective of the rule of law [J]. Knowledge Economy, 2016 (4): 32-34.

[9] Li Kai. Analysis of Copyright Issues in Same Person Works [J]. Journal of Kunming University, 2021.43 (1): 81-85.