A Comparative study on Fair Use of the Fan Film in Taiwan and USA

• Main Authors: Li-Ying Chu, 朱琍瑩
• Other Authors: 蘇義淵
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/28876183936209198285

碩士 === 國立中興大學 === 法律學系科技法律碩士班 === 105 === Fan culture and fan work have been quite a historical development in the United States and Japan, and also well-developed in Taiwan. Fan works sales exhibition are held three to four times annually in Taiwan, it helps the fans bonding with each other regually. However, owing to the special developing background of fan works, there are lots of copyright infringement concerns happened and cause tight tension between original authors and their fans. In addition, with the newly development of web platforms, the improvement of photographic equipments and editing programs, more and more different types of fan works grow flourish in the Internet, such as fan films in the United States. Among those shared films, many fans even played as directors, writers or actors at the same time by themselves to create a "fan-made" fan film. The rise of fan films conforms to the trend of the Internet generation. By time growing, fan films become more and more sophisticated recently and changing to self-funding high-cost production from the low-cost self-financing by Internet fans. The new development of Fan films will cause several concerns or impacts among the original copyright owners and film producers. In Taiwan, the basic types of fan works remian pictures, novels and arts. The number and quality of fan film is not as high as U.S.A. None of Fan film is made with self-raised funds. However, it may still happen in the future. Therefore, this thesis will discuss the position of fan films within the Taiwan Copyright Law. Furthermore, the related problem might happen to copyright owners will also be covered. Last, whether the Fan films producers could use “fair use” in copyright law as a shield when possible conflict happened will have comprehensive discussions.