Research On The Distribution Of Copyright Interests In Derivative Works Take The Big Head Son And Little Head Father Case As An Example

With the development and prosperity of the cultural industry,the derivative works have got a wider space for development.In the form of deduction,the ownership relationship between the author and the author is becoming more and more complex.The issue of distribution of copyright interests of derivative works is increasing.However,legislative provisions and theoretical discussions do not give a unified answer to the issue of distribution of copyright interests of derivative works,which can not solve a series of problems arising from theoretical and judicial practice.If the derivative works copyright interest distribution problem can not get a thorough and in-depth study,the deductive and the original author's rule of the right to exercise is difficult to be clear,the disputes of derivative works will increase day by day,and the legitimate rights and interests of copyright owners will not be guaranteed.This paper takes the The big head son and little head father case as the breakthrough point,analysis of the case involved the derivative copyright related issues,carried out further on the distribution of copyright interests legal relationship,through the United States and Germany derivative works related system and analysis of China's derivative works,the distribution of benefits and puts forward some suggestions,in order to have support the improvement of our country's copyright law.In addition to the introduction,this article is divided into three parts.The first part combs the distribution of copyright interests in derivative works.First,it introduces the beginning and the end of the case of the father of the big head,and explains the case and the core dispute points.Then,on the basis of the case,the qualitative problem,the distribution of copyright interests and the distribution of the interests of the unauthorized derivative works are analyzed.The second part further analyzes the legal relationship of derivative distribution of interests.First of all,to explain the identification of derivative works,mainly from the angle of identification of derivative works,it is clear that the identification of derivative works must have two elements,it is original,and the use of the existing works must exist.Secondly,theauthor analyses and defines what kind of rights derived by the derivative author,and derives that the derivative author only enjoys the independent copyright of the new original parts which can be separated from the original work.For the original works,the original author can not separate the new expression,and the derivative should respect the original author's right to exercise the copyright,and the original author is subject to the original author.The conclusion of control.Then,it analyzes the copyright enjoyed by the original author in derivative works,and finds that the author's personal rights and property rights are mainly prohibited.Finally,the author discusses the copyright issue of unlicensed derivative works.The third part,through the reference and analysis of the copyright system of American and German derivative works,puts forward some suggestions on the perfection of the distribution system of copyright interests in China's derivative works.First of all,it is suggested that the meaning of "derivative works" be determined through legislative way,and the derivative works are divided into two types: ordinary derivative works and unauthorized derivative works,and the legal status of unauthorized derivative works is clearly defined.The practice of law provides guidance.Secondly,we should clearly define the scope of copyright of derivative works,delineate the scope of rights of the original authors and derivatives,and establish a unified mechanism of interest distribution.Finally,it is suggested that the license system for the copyright use of the derivative works be further refined,and three feasible ways to deliver the remuneration are put forward.The first is to pay the full remuneration to the derivative by the derivative producer,and the derivative will pay the remuneration to the original author separately.The second way is to make the derivative works pay the reward to the derivative and the original author respectively.The third way is to make the payment of remuneration to the collective management organization by the use of derivative works,and be distributed by the collective management organization.