The Research On The Issue Of Copyright Of Unauthorized Adapted Works-Commenting The First Case On Lyrics About Shares

With the development of modern science and technology,the dissemination of works is speeding up.In the era of innovation and efficiency,the use of works has undergone profound changes.People can easily get the latest news and a huge mass of data without leaving home with the popularization of the internet.It is in this context that acts of unauthorized adaptation have increased.Copyright Law gives the original author the right of licensing use and not to be infringed,which means that the re-creation of works should obtain permissions from original authors and need to be paid in accordance with relevant provisions,while original authors still enjoy the right of authorship.No distortions and alterations should be made by authors of derivative works.However,do they enjoy the copyright of their unauthorized adapted works? How to exercise their copyrights? Can they claim rights when someone else infringes? These questions have not been directly answered by the law,affecting authors’ vital interests and creative enthusiasm.Gong Kaijie v.Zhejiang Pan Asia E-commerce Co.,Ltd.,Wang Bei is a typical copyright infringement case that an unauthorized writer claims rights to the third party.The dispute in this case focuses on whether the plaintiff has the right to initiate a tortious action in respect of his unauthorized adapted work.This case mainly involves following three questions: whether Gong’s lyrics are works of copyright law,whether the plaintiff enjoys the copyright of his unauthorized adapted work,and the exertion and restriction of the copyright.The dissertation starts with a typical case in practice,analyzing the controversial focus of the case.First of all,the dissertation probes into the issue of whether the author who adapts works without permission enjoys the copyright,which provides the theoretical basis for unauthorized adapted work’s copyright acquisition through the analysis of peculiarities of unauthorized adapted works and the different attitudes towards them at home and abroad,basing on the interest balance theory.Then taking the case as an example,the dissertation analyzes the exertion and restriction of the copyright under such circumstances.Finally,inspirations on the correct interpretation of the current relevant laws and regulations are drawn from the case,and corresponding suggestions are put forward to judicial practice and legislative practice.The dissertation is composed of three chapters:The first chapter is to put forward the controversial focus by introducing the case,namely,whether the plaintiff has the right to initiate a tortious action in respect of his unauthorized adapted work or not.The second chapter is to analyze the controversial focus of the case,which can be divided into three parts.The first part is the analysis of the plaintiff’s adapted works.Once the work is completed,the copyright will be produced.Therefore judgment on whether plaintiff’s lyrics are works of copyright law must be made before that on whether the plaintiff enjoys copyright,in which the originality is the most important element.In this part,the originality of Gong’s lyrics is discussed through the introduction of the different views on originality in academia as well as particularities of adapted works.The second part is the analysis of whether unauthorized adapted works are protected by copyright law.The necessity and rationality are discussed through the conception of the unauthorized adapted work and different attitudes towards it.At the same time,the comparison between active protection and passive protection is made to select optimal protection method.The last part is the exertion and restriction of the copyright of unauthorized adapted works in passive protection mode.The third chapter are inspirations gotten from the case on judicial practice and legislative practice.