Study On Infringement Ascertainment Of The Adaptation Right Of Film And TV Works

Along with continuous development of China's science and technology as well as the film and TV industry,more and more literary works have been moved onto the screen after adaptation.Such an adaptive mode from the literary works to film and TV works is popular among the public,which enables literary works to be transmitted and film and TV works to be developed,realizing a win-win situation of the original author and the adaptor.Due to the diversified adaptation modes,infringement proceedings about the adaptation right always arise along with the mutual benefits of the original author and the adaptor,such like the case of Scar of Plum Blossoms,Ghost Blows Out the Light and Peach Blossom Debt,which has significantly affected the quality of China's film and TV works,hindered the healthy development of China's film and TV industry and China's cultural undertaking and must be solved with sparing no efforts.However,China's current laws have not attached much importance to the adaptation right of film and TV works or provide comprehensive protection,especially the legal system about infringement ascertainment of the adaptation right of film and TV works has not been sound and further study is still needed to address this problem.Firstly,the author briefly identifies the concept of film and TV works,the adaptation right and the adaptation right of film and TV works,differentiates and analyzes the adaptation right and other similar rights to identify the boundary of such rights,helping us further identify the scope of the adaptation right of film and TV works and infringement ascertainment of the adaptation right of film and TV works.Secondly,the author penetrates from the perspective of understanding and reference,analyzes and studies relevant provisions of different countries for the adaptation right and the adaptation right of film and TV works,summarizes experience of countries in terms of legislation and judicial practice,attaches high importance to the originality,specifies the definition of the adaptation right,clearly introduces the abstract value judgment subject,providing reference for soundness of China's legislative and judicial protection of the adaptation right of film and TV works.Thirdly,the author analyzes China's current legislation and judicature status with respect to infringement ascertainment of the adaptation right of film and TV works,finds defects and ambiguity of laws and regulations regarding the adaptation right and disunity of the infringement judgment standards in judicial practice.Finally,the author puts forward that the definition of the adaptation right and the originality standards shall beidentified in China's copyright law by referring to experience of foreign countries with respect to ascertainment of the adaptation right of film and TV works and in combination of the actual situation of China.In judicial practices,ascertainment of the adaptation right of film and TV works requires that the thought and expression division boundary shall be specified,the substantial similarity judgment method combining the overall impression method and the partial comparison method shall be applied,general audiences shall be taken as the similarity judgment subject to practically protect the legal rights and interests of the copyright owner of film and TV works and create a healthy film and TV culture environment.