The Research Of The Rights Infringement Method Of The Right Of Adaptation

With the increasing emphasis on Intellectual Property law in our country,the method of the infringement of relevant rights and interests will inevitably become the focus of research.The right of adaptation as an important property rights of copyright owner,the diversification of the method of infringement requires our courts need to apply more sophisticated logic method.Although the current rules of infrigement the right of adaptation mainly use the right to use the "access-substantially similar",for the comprehensive consideration of other relevant factors also put forward more requirements,such as the qualitative of adaptation behavior,the original standard inspection of adapted works,the comparison of similar basic expression of the original work and new work,especially the diversification of its infringement method may bring the judge ruled that the infringement is confusing.With the emergence of new types of adaptation of works,there are some differences in the specific judgment factors of different types of works.How to select the appropriate matching material in different types of works can draw on different application in American judicial practice methods.This article altogether is divided into four parts.The first part discusses the theoretical foundation of the right of adaptation.Among them,first of all,it analyses how the right of adaptation is developed and finalized in different countries.Then,it describes its evolution in the Berne convention,and expouds the development of the right of adaptation of the legal system of our country.Therefore,when the right of reproduction cannot protect the interests of derivative creative market of the copyrighter,the rationality of the right of adaptation to exist.Next,it analyses the concept of the right of adaptation,mainly discusses the regulation of the right of adaptation in our country current law,analyzes the constituent elements of the right of adaptation,its control behavior is adaptation behavior and summarizes its characteristics.Then,the right of adaptation and related rights to distinguish,that is,the right of adaptation and the right of reproduction,the right of alternation,the right of integrity,the plagiarism and so on.The second part is based on United States law,mainly analyzes the copyright protection conditions of American law and the rule of the derivative work right,and analyzes the adopted widely in the judicial practice of the general infringement method,such as external/internal test method,abstract test method and "abstract-filter-comparison" test method,etc,and put forward the reasonable adaptation test method proposed by the theory industry to improve the improvement of infringement of the right of adaptation in our country.The third part mainly introduces the rules of infringement of the right of adaptation in China's theoretical circles,and analyzes the application of different methods in the typical case of torture in judicial practice.Theoretical and judicial circles have reached a rule of "access-substantially similar" to recognize the basic consensus of copyright infringement.Such as the three-step test method,idea-expression dichotomy,the originality and overall perception method show a tendency of diversification and integration.The fourth part mainly combs the idea and method to improve the infringement rights.By summing up the general steps of infringement rights in judicial practice,namely,first of all,it analyzes the ownership of the work of copyright;Secondly,it mainly analyzes the differences of applicable method of different types of works;Then,it finds out the relationship between the adapted works and the original works,including access and adapting behavior.Putting forward the three-step test as the leading,with other auxiliary substantive similarity comparison method to identify substantially similar.