The Cultural Advancement of Fan Fiction and Emerging Legal Challenges

The advent of the Internet age has brought with it works of fan fiction that have grown rapidly, presenting new developmental characteristics and a community of fans who are equally invested in the process. This article argues that fan fiction works are literary creations that use the names and personalities of characters from original stories and are differently created in terms of storylines and language expressions. The conflict of interest between fan fiction and original works is primarily regulated by Anti-Unfair Competition and Trademark Laws in judicial practice. However, fan fiction is not in absolute competition with the original work; the two are often mutually beneficial and symbiotic, jointly enhancing the audience’s understanding of the original story and promoting the prosperity of culture and art. In this paper, I argue that the hierarchical distinction and systematic protection of different works within the framework of Copyright Law in China can not only help protect the elements of renowned fiction but also promote the public’s understanding of the works. Moreover, it can preserve a reasonable creative space for fan fiction. This work has implications for jurisdictions wherein fan fiction is changing the legal landscape of cultural products.