Analysis Of The Right Of Film And Television Works Adaptation

Film and television works are an important form of work in the field of copyright,and the right of adaptation is an important work property of the copyright owner.With the development of China’s film and television industry, the infringement cases of film and television works which are currently adapted from the novel are constantly appearing in the judicial practice. The protection of the adaptation rights of film and television works needs attention. The current law is not enough attention to film and television adaptation, failing to provide comprehensive protection. "XX Liancheng","XX exposure" and other novels adapted from the film and television works of legal disputes, so that the protection of film and television works to strengthen the protection is even more urgent. This article focuses on the novels to adapt the legal issues related to film and television works, so as to provide some reference for the protection of film and television works.The first part: the question raised. The novel adapted into film and television scripts, and then filmed into film and television works is the film and television industry in general practice, but also to improve film and television works box office and ratings an important guarantee. With the emergence of fiction adaptation of the film and television upsurge, the novel film and television adaptation process of legal disputes are also emerging. Therefore, by summarizing the recent legal disputes in the popular film and television works, combined with the relevant case retrieval and theoretical research, the author draws on the following questions: the reflection of the concept of adaptation, the connotation of the adaptation rights, The adaptation of the space and restrictions, film and television works to modify the right to infringe the decision; film and television works to modify the legal liability for infringement.The second part: the basic theory of the adaptation of film and television works.First of all, the concept of film and television works were defined. Secondly, it analyzes the connotation and attribute of the reorganization right from three aspects:the academic point of view, the legislative practice and the foreign investigation, and advocates the restriction of the concept of the adaptation right. At the same time, the adaptation rights and the protection of the integrity of the work, copy the right to compare, hoping to re-examine the concept of the right to adapt and improve the concept of the relevant recommendations. Finally, the adaptation and copying were analyzed.The third part discusses the content and exercise of the adaptation rights of film and television works. The content of the adaptation should include the use of the adapted works. The exercise of the rights of film and television works includes the transfer and licensing, in which the license is the most common way of exercise.Combined with the relevant real case, the court ruling, the main part of the exercise of film and television works to discuss the scope of exercise, as well as film and television works adaptation rights restrictions. The exercise of the adaptation rights of film and television works can be understood from two aspects: from the perspective of authorization, the adaptation should obtain the consent of the author of the novel;from the perspective of rights restriction, the restriction of adaptation is mainly embodied in both internal and external restrictions. Which the rational use of the adaptation of the behavior can be protected without the consent of the original author.Part IV: Judgment of infringement of film and television works. "Contact +substantive similarity" rule is still suitable for application in China,"the overall comparison method" and "part of the comparative law" have their own advantages and disadvantages, in the application of the need to combine the specific application of the case. At the same time, to determine whether the two works constitute a"substantial similar" should consider the proportion of infringing content,should be the works of the characters set, the role of the characteristics of the corresponding storyline combined with the overall judgment, works of emotion, theme, Absolutely excluded from the judgment of plagiarism.Part V: Legal liability for infringing on the right of adaptation of film and television works. Film and television works adaptation rights infringement of the responsibility and civil liability similar to the way. In the case of cessation of infringement, concerned about the restrictions on the right to stop infringement. On the calculation of compensation for losses, advocate the refinement of statutory compensation applicable rules. In the elimination of the impact of the apology of the responsibility to bear the way,that the conversion of film and television works in the dispute to apply to eliminate the impact of the need to apologize, and should be appropriate according to different circumstances apply to eliminate the impact of apology.