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A Study On The Infringement Judgment Of The Film Adaptation Of The Literary Works

Posted on:2019-10-08Degree:MasterType:Thesis
Country:ChinaCandidate:L H M E P L T DiFull Text:PDF
GTID:2416330551957020Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Film and television works are an important form of works in the field of copyright,and the right of adaptation is an important property right of copyright owners.With the rapid development of the film and television industry in China,the current infringement cases adapted from literary works to films and television works are constantly appearing in the judicial practice.Because of the fuzzy right boundary of the right of adaptation,the current law has not paid enough attention to the adaptation of film and television,and has failed to provide comprehensive protection.The difficulty of judicial practice is added.After the series of novels "ghost blowing light" is adapted for film and television works,legal disputes occur frequently,which makes it more urgent to judge the infringement of film and television adaptations.This article mainly focuses on the relevant legal problems of the adaptation of literary works to film and television works.Through the analysis of the present situation,this paper makes a thorough study of the copyright case of "ghost blowing light" as a typical case,analyzes the substantial similar judgment method,and brings the substantial similar judgment method into the infringement judgment of the film adaptation behavior of the literary works.Among them,the results of the review of"difficulty" and "substantial similarity" are not clear.It is suggested that the principle of "necessary changes" should be clearly defined,that the thinking standard of the works is the standard of infringement,and the right of film adaptation and protection work is typed to deal with the film adaptation of these three literary works,so as to provide some reference for the protection of the right of adaptation of the film and television works.
Keywords/Search Tags:literary works, Adaptation of film and television, Copyright, right of adaptation, Substantial similarity
PDF Full Text Request
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