Research On Multiple Adapted Works Under Full Copyright Operation

With the development of mobile Internet technology and the development of pan-entertainment industry,around the development of the economic benefit of the works and gradually formed a full copyright operation model.In the full copyright operation model,in order to digging the copyright value as much as possible,a work is usually adapted into a variety of forms,and with the success of the adaptation works,the value development of the adaptation works also began,so the case of the multiple adaptation of works happened frequently.According to the existing "Copyright Law",the adaptor own the copyright of the adapted works,but at the same time the adapted works are limited by the Article 12 of the Copyright Law.The multiple adaptation of works may cause the conflicts of rights among the original works party,the adaptation works party,the original author and the author of the adaptation work,resulting in multiple legal disputes.Due to the active operation of the works under the full copyright operation,the main operator of the works are actively involved in the promotion of the works,so that the adapted works shows the diverse adaptation content and the diversification of the subject.Through the analysis of typical cases of disputes caused by multiple adaptation of works under full copyright operation,we can see the mostly disputes of the multiple adaptation of the works are caused by the ambiguity of the scope of authorization of the adaptation works and the conflict of the rights of the parties,and the root cause of the dispute is because the existing law on the rights of the adapted works is ambiguous,and the adaptation rights as the object of market transactions,its property rights attribute relates to the balance of the market interests of the multiple adaptation of the parties.Therefore,this article from the law on the adaptation of the provisions of the works and the market value of the work of the point of view,constructing reasonable interest distribution rules of the multiple adaptation of works based on the balance of interests as the theoretical basis.The interest distribution rules of the multiple adaptation of works should consider the balance of interests of every creators and the balance of interests between the creator and the user of the work,and should also consider the balance of public interest.In this paper,in addition to when authorize the adapted right to others through the contract agreed to the distribution of benefits,the authority of multiple adaptation of works can also be applied to the legal permit in order to achieve the interests of the parties balance the main parties.Finally,combined with the multiple adaptations of the works caused by the status quo and the analysis of the root causes of the dispute,and the analysis of the balance of interests under the situation of multiple adaptation of the work,this paper puts forward the improvement of the relevant system of "copyright law",make the exercise of adaptation works copyright clearly,and should explain the "Copyright Law" Article XIII "shall not infringe the original works of copyright" reasonably.This article argued that "shall not infringe the original works of copyright" should mean the exercise of the rights of the adaptation works shall be restricted by the rights and interests of the original copyright owner.Formulate the authorization rules for the exercise of the copyright of the adapted works reasonably through distinguishing the original expression of the adapted works and the original works.Do not infringe the original works of copyright,and at the same time achieve the win a win-win situation of the original works and adapted works market interests.