Difference Of Standards Of Infringement Determination Between The Right Of Production And The Right Of Adaptation

The standards of determining the production right infringement and adaptation right infringement are always the same, which is access plus substantial similarity. Scholars and other persons who practice in law seem acquiesce this viewpoint, but for my own point of view, the standard of determining adaptation infringement should be different from the standard of determining production infringement, no matter from the point of view of legislation, or the point of view of the development of the right of adaptation. To clarify viewpoint the article, the article makes a very simple introduction of the right of production and the right of adaptation, and then discusses the connections between the right of production and the right of adaptation, and the difference of the right of production and the right of adaptation. This article includes five parts.Part 1 mainly focuses on what are the right of production and the right of adaptation, and their characters. Purpose of this part is to make basis to following parts by making introduction of the right of production and the right of adaptation.Part 2 mainly discusses the connections between the right of production and the right of adaptation. The first section of this part discusses that the right of adaptation is the production of expanding of the right of production, then briefly introduces the overlap of the right of production and the right of adaptation in practice. The last section of this part briefly introduces the standards of substantial similarity.Part 3 mainly discusses the necessity of distinguishing standard of production right infringement from standard of adaptation right infringement. To clarify the viewpoint, this part discusses the conflicts between legislation and practice, and the development of the right of production. This part shows that no matter from the point of view of legislation, or the development of the right of adaptation, it’s necessary to different the two standards.Part 4 is the most important part of this article, mainly focuses on how to distinguish the standard of infringement of right of production and the standard of infringement of right of adaptation from the viewpoint of practice. This part includes two subsections. The first section of the part, by summarizing cases over the right of production and the right of adaptation China and the United State, and combining theories to figure out the difference of copy and adaptation work, and to discuss how to decide adaptation work. The discussion of second part of the section is based on the first section of the part and combine related cases to discuss how to distinguish the standard of production right infringement from the standard of adaptation right infringement in practice. The main point of this part is that when the alleged infringement work’s corn content is substantially similarity with the corn content of the original work, then it can be decide that the alleged work infringes the original work, and there is no need to consider how many difference exist between the alleged work and original work.Part 5 is the ending part, which briefly review the whole article and summarize point of the article.