Research On The Legal Protection Of Film And Television Works Adapted By The Novel

In recent years,more and more novel was adapted for the film and television works,and achieved a great success.With the vigorous development of movie and TV plays,people begin to pay close attention to some real problems in the adaptation.Have a lot of scholars analyzed the adaptation of novel and obtained the corresponding results.,but few people carry out in-depth analysis in law.Therefore,this passage tries to analyze the novel have adapted for the film and television works,summarized the problemes,and connecting with the practice of all countries,then find out the problem of our country in the present stage and put forward the corresponding solution Suggestions,tried to reduce legal disputes and better protect the rights of the parties in the later.This paper mainly divided into the following six parts:The first part mainly discusses the adaptation of the novel.This paper mainly introduces the specific process of the adaptation of the novel and the related properties of the film.The second part mainly discusses the copyright issue of the film and television works without the authorship of the original author.And for two similar works,the first thing is to distinguish the adaptation and independent creation,cannot think directly that the work in after is the adaptation of the first,but must carry on the detailed analysis;For the copyright of illegal adapted works,different countries have different rules,but after analysis we can found that the behavior of illegal adaptation and the copyright of illegal adapted works is two legal relationships,we should not deny the right of behind just because the previous illegal behavior.The third part mainly introduces the copyright of the film adaptation.For this question different countries have different rules,the French think should be relegated to the creator of all,the United States believes should be directly attribute to the producer,and the regulation of our country has its own unique in this respect,the copyright belongs to producers of film and television works,but for the script and music works can be separately used,but in real life the regulations also appeared some problems needs to solve.The fourth part mainly discusses the question of personality rights involved in the adaptation of novels.This paper mainly introduces the problems arising in the process ofadaptation of novels,which mainly include the infringement of the reputation right of the original characters or the original authors,and the infringement of the third party to the actors' portraiture rights.The fifth part mainly discusses that the works after just takes advantage of the more prominent characters in the original works and characters,etc.,but the after work is independently created by himself(herself)and pay the corresponding intellectual labor,so in face of such situation,how to protect the original works,and should use what kind of rights to protect.The sixth part mainly talk about some suggestions,mainly including:copyright protection in the process of adapt the novel,to simplify the cognizance of the film and television works copyright ownership and improve the legal system for specialized commercial rights.