To publish or monetize fan works, first obtain permission from the original copyright holder, or replace the borrowed characters’ names and relationships with your own
Even if a fan work only borrows character names, personalities, and relationships, it can still be deemed an infringement if published. In one notable case, Jiang Nan’s novel *This Side of Youth* featured over 60 characters from Jin Yong’s stories. After a nine‑year legal battle, a second‑instance court ruled that Jiang had infringed copyright and ordered him to pay 1.68 million yuan in damages plus 200 000 yuan in legal fees. The court also found his use of Jin Yong’s fame to attract readers constituted unfair competition. Although the first instance had ruled no copyright infringement existed, the higher court recognized that the collective “character ensemble” — including names, personalities, relationships, and background — constitutes protected expression. The settlement required Jiang to cease infringing activities and to pay the awarded amounts; any future reprints must also remit 30 % of royalties to Jin Yong’s estate. The case illustrates that merely borrowing a theme or setting carries far less risk than appropriating entire character sets.
There are no upfront costs. Before publishing or selling y…
This guidance helps creators avoid costly legal disputes by clarifying the necessary steps for lawful fan‑work…
There are no upfront costs. Before publishing or selling your work, you must negotiate licensing terms with the rights holder. If an agreement cannot be reached, you may use your own characters, names, and relationships instead. Avoid referencing the original work in your book title, subtitle, or promotional material.
This guidance helps creators avoid costly legal disputes by clarifying the necessary steps for lawful fan‑work publication.
广州知识产权法院 (2023). 金庸诉江南「同人作品第一案」有何深意（转载《法制与新闻》2023 年 7 月上期）. https://www.gipc.gov.cn/front/content.action?id=7b7cb9a7b2cc45f286199fd427fc6b1f；广东省高级人民法院 (2025). 「金庸诉江南」著作权及不正当竞争纠纷案在粤达成和解. https://www.gdcourts.gov.cn/xwzx/fayuanxinmeiti/content/post_1843458.html；全国人大常委会 (2020). 著作权法（2020 年修正，第三条，第十条第一款第十四项，第五十二条第六项，第五十四条）. http://www.npc.gov.cn/npc/c2/c30834/202011/t20201119_308796.html
Open source linkYou are the primary beneficiary of following these rules. The B rating reflects the current lack of clear legal consensus regarding fan works; the two court rulings on this case differed, and the final resolution came through a settlement that rendered both judgments moot. According to the presiding judge at the Guangdong Higher People’s Court, each case must be evaluated individually — first determining whether similarities are abstract ideas or concrete expression, then assessing originality and whether any exceptions such as fair use apply. Consequently, the legal risk varies widely depending on how extensively original elements are borrowed. No court rulings have been found specifically addressing completely free, online‑only fan works; however, copyright law contains no exemption for works published without compensation. The lengthy litigation timeline — spanning nine years from 2016 to 2025 — also underscores the substantial procedural costs involved. For additional information on the risks of translating, reposting, or sharing others’ works, see section 24 of this chapter. 〔2002〕 〔5600000〕