On Copyright Protection Of Infringement Derivative Works

In China,there is no special provision for “derivative works”.It is only embodied in Article 12 of the Copyright Law.The interpretation of works cannot infringe the rights of the original author.The right of deduction is held in the hands of the original author and related rights holders without their consent.The derivative work created is an infringement derivative work that can be held responsible for infringement.For the derivative works,only the limitation of rights is stipulated,and the copyright of the original intellectual achievements of the works is not analyzed.The author believes that the relevant regulations are too simple.With the development of derivative works,the phenomena of infringement and deduction are also increasing.The blind restrictions cannot adapt to the trend of cultural development.The original intellectual achievements on the works should be valued.This article attempts to analyze the characteristics of the infringement derivative works,and combined with the current focus of disputes related to the case,draw lessons from the protection model of countries to treat infringement derivative works,put forward China’s protection of copyright infringement works copyright protection model.The first part is based on the analysis of the general knowledge,the conceptual structure and the ownership of rights in the current academic community.It has a substantial understanding of the particularity of derivative works.Secondly,through the analysis of the conceptual features of infringement deductions,the four characteristics of ingenuity,dependence,value,and illegality of infringement deductions are clearly defined.In combination with the reality of our country,the number of cases of infringement and deduction is increasing.Different localities have different convictions and there is no uniform provision,and such issues need to be resolved.This will pave the way for the analysis of the necessity of copyright protection of copyright infringement works.The second part discusses the disputes of copyright infringement works in academic circles,combines the legal blank reality of China’s protection of infringement and derivative works,the particularity of the works and the importance of cultural communication and protection of public interests,fully demonstrates the infringement interpretation.The necessity of copyright protection of works.In the third part,the author compares and analyzes the protection models of copyright infringement works in the world.Combined with the relevant legislation cases and the advantages and disadvantages of the countriesaround the world,the author proposes a viewpoint that favors the negative protection mode.The fourth part will combine with the actual situation in our country and put forward the relevant theories of copyright protection of infringement derivative works.Clearly the protection of the original work and the protection of the interpretation of the work are not in contradiction,and the double copyright of the two authors should exist on the infringement derivative work.Since the passive protection model does not exhaust all situations,in order to better improve the issues related to the copyright protection of copyright infringement works in China,the general protection and special case protection are distinguished under the passive protection mode,and the general protection is adopted as the basic situation adaptation rule.Special cases protect pockets as a special case,balancing the interests of all parties as far as possible.