The Research On The Matters Of The Conflict Between The Right Of Intergrity And The Right Of Adaptation

The infringement of the right of integrity of a work does not only exist in the case of unauthorized adaptations.Even if the right of adaptation of a work has been transferred or authorized,there may still be a conflict between the right of adaptation and the right of integrity.Under the contract-based adaptation,the assignee and the licensee have the right to adapt,but it may also conflict with the original author ’s right of integrity due to excessive adaptation.The conflict between two rights has intensified in recent years,which will limit the creation freedom of adaptors and further adversely affect the market of adapted works.According to Article 10 of Implementation Regulations for the Copyright Law of the People’s Republic of China(2013 Revision),“If a copyright holder permits another party to produce a film,or work in the form of film production,based on his work for which such copyright is vested,it shall be deemed as prior consent for necessary modifications to such work,provided that such modifications shall not distort or tamper with the original work.” How much freedom between the necessary modifications and the degree to which the original work is distorted? This is a vague question,so it is difficult for an adaptor to grasp the boundary of rights when adapting the work to prevent infringement caused by falling into the scope of “distortion and tampering”.Resolving the conflict of rights in the process of exercising the right of adaptation and the right of integrity of the work will help to coordinate the interest between a holder of a work and an adaptor of the work and promote the prosperity of China’s cultural market.This paper consists of four parts.The first part leads to the theme of this paper.Firstly,it is a brief description of the main conflicting rights involved in the exercise of adaptation,namely the concepts of the right of adaptation rights and the right of integrity.The definition of related concepts helps to better understanding the exact meaning of these rights and the purpose of legislation.Then it specifically analyzes the interest balancing and reasoning of the courts between the right of adaptation and the right of integrity of the work in the movie “chronicles of the ghostly tribe”,exploring the merits and defects of the judgments of the first and second instance courts.This will helpful for future reference to similar cases.The second part elaborates the causes and consequences of the conflict between the right of adaptation and the right of integrity.The reason for the conflict between the right of adaptation and the right of integrity stems from the different attributes of the two rights,the ambiguity in the legislation and the confusion of the standards in court decisions.The increase in litigation resulting from this has had a large adverse effect on the adaptation market.The third part introduces the different legislative concepts followed by the two major legal systems.Each of them also has a big difference in dealing with the relationship between the right of integrity and the right of adaptation.This difference is reflected in the legislative of moral rights of authors.From the view of interests balancing,the “author’s reputation damage theory”adopted by common law countries is more in line with China’s social interests and beneficial to the prosperity of the cultural market.The fourth part mainly puts forward solutions to the conflict of rights in the process of exercising the right of adaptation.Legislation should regard “author’s reputation damage theory” as the criterion for infringement of the right of integrity.The courts should adopt this objective judgment criteria in judicial practice.The parties in market should use contract to avoid potential conflicts.