The Conflict And Resolution Of The Right Of Integrity And The Right Of Adaptation In The Adaptation Of Audiovisual Works

With the growing prosperity of Chinese film and television industry,as well as the rapid development of the Internet,more and more literary works,with the help of film and television production was moved to the screen,this comes from the text works to film and television works of the adaptation model,not only to meet the needs of the public today,but also to harvest the cost of copyright,in the capital market of the strong intervention,this profit model by the industry widely sought after.However,behind this seemingly winning partnership,but often coexist with various kinds of lingering intellectual property litigation,such as "Palace Lock City" infringement "Plum brand" Copyright,as well as "Ghost blows" series of works author Zhang Pastoral v."Nine-Stores Demon Tower" film infringement case,making the adaptation of Audiovisual works involved in intellectual property protection is gradually concerned by all circles.This kind of intellectual property legal dispute includes both the right of signature and the right of reproduction,and also includes the conflict between the right of integrity and the right of adaptation in the process of the work adaptation,that is,the right proposition that one side of the writing works protects the integrity of the works,And the producers of film and television productions claim the legality of adaptation based on the right of adaptation obtained through the transfer.After defining the right of the integrity and the right to adaptation,it is considered that the essence of the conflict between the right of integrity and the right of adaptation in the field of adaptation of the audiovisual works is embodied in"maintaining the integrity of the work" and the original creation.Deduction." The reasons for this conflict include the protection of the integrity of the work and the right to change their personal rights and property rights,but also contains the characteristics of the adaptation of the film and television works,and the current content of China's copyright legislation to protect the integrity of the integrity of work Certainty and so on.The uncertainty of the legislation has become the root cause of the conflict between the two rights,which has intensified the risk involved in the adaptation of film and television works.On the basis of the integration of academic research on this issue and the comparison of the two major copyright legislative provisions,this article believes that to resolve the current conflict between the two in the audiovisual works,it urgently needs to restructure the current system of protection of the integrity of protected works in China.Damage to the reputation of the author as a violation of the integrity of the right to protect the integrity of the right more reasonable.In view of the fact that in the judicial practice,it is difficult to identify "damage to the author's reputation" and the author has made a specific finding on the situation of the damage to reputation,this article proposes "objective criteria" and "type adaptation of film andtelevision works adaptation." And " adaptation of the scope of the agreement," the three judgment methods.With the increasingly stringent protection of intellectual property rights today,a proper connection between the adaptation of film and television works and online literature and the realization of a balance of interests in copyright protection will not only inject new impetus into the development of the film and television industry,but also improve the script of film and television creation.Absurdity,material shortage.At the same time,it can give authors more material incentives,increase their enthusiasm for literary creation,and allow the public to get more cultural enrichment from this kind of film and television and literary creation.