Study On Determination Of Adaption Right Infringement Of Film And Television Works

Along with the development of our country's economy, film and television industry has been rapidly developed. IP has become a popular vocabulary. At the same time, as a kind of culture consumer good, television generated a lot of infringements. All kinds of bad teleplay, recurring themes of the film and television play filled the screen. On May 28, 2014, Qiong Yao sued Yu Zheng that his TV series “Gong Suo lianchen” infringed on the copyright of her work “plum blossom flipping ”. Qiong Yao won at the first-instance judgment on December 25, but Yu Zheng refused to accept the appeal, so he appealed again. On December 18, 2015, the Beijing municipal higher people's court rejected the defendant's appeal and remains the conviction that “Gong Suo liancheng” violated the rights of the “plum blossom flipping”. The protection of copyright has a promethean expression, but there are no specific unified rules of the decision of infringement of rights in the law and the judicial practice level. This paper combined the case, set the judicial practice of our country standard and method of rights infringement about teleplays as well as foreign experience for reference, to put forward some recognize criteria and methods of film and television works for the judicial practice in our country. Focused this problem, this paper made the following several aspects:First of all, on the basis of exploring a large number of domestic and foreign related literature and cases, this paper defined some relevant concepts of the works of teleplay and the rights of adaptation, clarified the connotation, and limited the scope of exploring. Second, through analyze the specific expression of the objects that teleplays protected, this paper try to clear the boundaries of thought and expression and to distinguish methods, as well as the adaptation of infringements. Finally, this article referred the analysis of the differences of the original definition between Anglo-American law system and continental law system, combined the existing problems in the affirmation of infringements of teleplays, in order to put forward the perfect suggestions to the protection of the works of teleplays in our country.