The Protection Of Unauthorized Derivative Works

With the rapid development of information dissemination and the increasingly rich cultural life of the public,the public has shown an unprecedented demand for the use of works,so the efficiency of the dissemination of works is increasing.The contradiction between the high demand for the use of works and the low efficiency of obtaining authorization has given rise to a large number of unauthorized interpretations,and the question of whether and how such works can be protected has become an urgent issue to be resolved.Compared with ordinary original works,unauthorized derivative works have more participants,and the original copyright owner,the author of the derivative works and the public are all participants in the copyright system.The copyright of the original copyright owner,the labor of the author of the derivative works and its intellectual achievements,and the right of the public to access and use the intellectual achievements are all issues that should be considered when solving the problem.When evaluating and dealing with unauthorized derivative works,the interests of the original copyright owner,the interests of the author of the derivative works and the interests of the public must be considered,and a balance between various interests must be struck so as to ensure the interests of all parties while improving the efficiency of the circulation and utilization of the work.Unauthorized derivative works is a general scope,and its manifestations in practice are diverse and often involve more complex theoretical and practical issues.This article discusses how to identify unauthorized derivative works and how to deal with them in judicial practice,summarizes several mainstream treatment models,and concludes on the basis of the above-mentioned research that unauthorized derivative works should be protected to a certain extent.This paper focuses on the question of whether and how to protect unauthorized derivative works,and proposes some concrete and feasible measures.This article consists of five parts.The first part is the preface,which introduces the research background and significance of this paper.With the development of the times and the advancement of technology,the public’s demand for the utilization of works is increasing,but the lagging of the copyright system has led to a series of problems in the process of utilization and dissemination,among which a large number of unauthorized derivative works have been bred,and it is a realistic requirement to properly solve the problems of such works.In addition,this chapter also briefly introduces the current status of the issue in the academic community and judicial practice and the research method of this paper.The second part introduces in detail the protection status of unauthorized derivative works and reviews it.This part first clarifies the specific content of the protection of unauthorized derivative works referred to in this paper,and specifies the issues discussed in this paper.On this basis,it examines and analyzes the views of the academic community on the issue and the treatment of similar issues in judicial practice in various countries,and summarizes and analyzes the mainstream practices,including the unprotected mode of treatment,different modes of protection in copyright law and different modes of protection in civil law.At the same time,this chapter highlights the viewpoint of this paper that a certain degree of protection should be given to unauthorized derivative works.The third part analyzes the reasonableness of the protection of unauthorized derivative works on the basis of the above viewpoints,and argues that a certain degree of protection is philosophically supported and in line with the legislative purpose of copyright law.It is also conducive to improving the efficiency of dissemination and utilization of works and preventing more infringements,and is analyzed in detail from the above aspects.The fourth part of this paper explores the specific feasible protection path.This paper argues that to solve the problem of unauthorized derivative works,the first consideration should be to remove the inherent defects of authorization and justify the unauthorized derivative works.In this regard,this paper searches for a solution of prior permission,which can specifically introduce a transformative use system,expand the scope of fair use,establish an implied permission-system,and improve the copyright collective management system under the premise of protecting the interests of the original copyright owner.In addition,this paper also includes originality and the degree of market substitution for the original work into the consideration of the degree of protection,and discusses the classification of unauthorized derivative works by combining these two factors,and explores that works with different originality and different degrees of market substitution should be protected to different degrees.Works with a higher degree of originality should receive greater protection,while works with a higher degree of market substitution should receive a lower degree of protection.A high degree of originality means that the author of the derivative works makes a greater contribution to the work,and a high degree of market substitution means that the original copyright owner suffers a greater loss of interests.A typological analysis of protection in this regard is also a concrete manifestation of the balance of interests,which helps to prescribe the right remedy and find the most appropriate protection path according to the circumstances of each case.Finally,in the conclusion section,the whole paper is summarized and the views as well as suggestions of this paper are briefly stated.