An Analysis On Muye Zhang's V. The Movie Of The Ghostly Tribe

The law on the protection of the right to integrity of a work stipulates in article 10 of the copyright law of China,that is,the right to protect a work from distortion or tampering.This right is the author's personal rights,not due to the transfer of the copyright of the elimination or transfer.Due to the rapid development of China's film and television industry and the increasing market demand,original scriptwriters have been unable to meet the rapidly growing demand for scripts.Film and television workers turn their attention to novel adaptation,however,a serious problem is increasingly exposed in front of people,that is,how to strike a balance between film and television adaptation and protection of the right to integrity of works.Because of its excessive adaptation,the nine-story monster tower lost its original features and was sued by the author of the original novel for violating the right to protect the integrity of the work.This case has directly aroused the attention of scholars and the public to the protection of the right to integrity of works and further research.Due to the lack of provisions and vague wording in the copyright law of China on the protection of the right to integrity of works,this right has a natural defect.In addition,it is not clear in the article whether the tort standard should be"damaging the reputation of the author"or"violating the thought of the author",which directly leads to the confusion of judicial practice.The structure of this paper is as follows:First chapter,analyze the "nine layer demon tower" case and the outcome,and tease out the judge standard of infringement judgment is"damage the reputation",put forward the basic idea,the case shall be made in "against the author thought"as the standard;Second chapter,the author firstly sorts out the laws of various countries on the protection of the right to integrity of works,and compares the essential differences between the two tort standards by referring to the provisions in the Berne convention,so as to figure out that the standard of"violating the author's thought"should be adopted under the legal system of China.In addition,this case focuses on the analysis of the reasons why the standard of"damage the reputation of the author"is not applicable to adaptation-based film and television works;Third chapter,mainly analyze the copyright law of our country to protect the right of integrity,as well as the latest,copyright"(3)modified section is analyzed,put forward the deficiencies and the author's point of view;Fourth chapter,consummates our country is discussed from various angles the necessity of the right of integrity,and based on the special field of film and television adaptation works,draw lessons from Germany balance principle,perfect the system of right of integrity in our country.