Research On The Identification Of The Infringement Of The Right Of Integrity In Film And Television Adaptation

In recent years,China's film and television industry has shown a thriving development trend,and film and television works adapted from literary works have sprung up.The adaptation of film and television works not only satisfies the current public's demand preference,but also accelerates the propagation of literary works.At the same time,it also brings a lot of copyright revenue to the authors of the adapted works and the producers of the film and television works.However,in the rapid development of the adaptation of film and television works,it is easy to cause infringement disputes.For example,the case of "Nine Layers of Demon Tower" will be incorporated into the public's view on how to define the boundary of the right of integrity.For this problem,China's current law does not give clear provisions,and there are different understandings in judicial practice.If it is impossible to establish clear rules for the identification of the infringement of the right of integrity in film and television adaptation,on the one hand,it will hinder the authors to maintain the spiritual interests such as the integrity of their works,and thus the enthusiasm of their creation,on the other hand,it will restrict adapters' adaptation freely,and then affect the healthy and orderly development of the film and television industry.In view of this,this paper intends to develop the study on the research on the identification of the infringement of the right of integrity in film and television adaptation.This article consists of three parts,the introduction,the text and the conclusion.The specific chapters of the text are as follows:The chapter 1 is the right of integrity in film and television adaptation.This chapter mainly discusses the definition and particularities of film and television adaptation,the definition and the legislative significance of the right of integrity,as well as the relationship between the right of adaptation and the right of integrity.The film and television adaptation discussed in this paper refers to the creation mode of film and television works based on traditional literature,network literature and other literary works.The adapted film and television works thus created have particularities in the form of expression,the way of creation and the legal provisions.The right of integrity should include the protection of the author's intention to be truly expressed and the elements that cause distortion and falsification.The perfection of the right of integrity system has important legislative significance for maintaining the identity of the author and the work,improving the quality of the film and television works,and promoting the development of the film industry.In the film and television adaptation,the “reasonable performance of the preservation of the integrity of the work” and the “reasonable deduction” of the right to modify the integrity of the work make the relationship between the two interdependent and independent.The chapter 2 is the form of infringement of the right of integrity in film and television adaptation.According to the different ways of creation and techniques of expression in the adaptation of film and television works,this chapter divides the changes of the original works into four ways: adjustment,deletion-addition,defacement and transformation of the expression of the works,and then to summarize that mostly judicial judgments think that the distortion should have the following characteristics: substantial changes to the original work and misunderstanding of the original work and author by the public.The chapter 3 is the predicament of the identification of the infringement of the right of integrity in film and television adaptation.By generalizing and summarizing the infringement disputes in the infringement of the right of integrity in the film and television adaptation of the previous chapters,this chapter concludes that there is a dilemma in the confusion of the rights definition and the confusion of the infringement identification standards.Specifically,the degree of distortion is unclear,the boundaries of necessary changes are unclear,and subjective and objective criteria coexist.The chapter 4 is the extraterritorial investigation of the identification of the infringement of the right of integrity in film and television adaptation.This chapter analyzes and sorts out the legislative provisions and judicial practice of the reform of the novels into the integrity of the film and television works in the civil law countries and the common law countries,and analyzes the different concepts of the two major legal systems.The reference significance of the protection mechanism finally concludes that the application of the infringement recognition standard that harms the author's thought is more in line with the meaning of protecting the integrity of the work and the essence of the balance of interests.The chapter 5 is the perfection of the rules for the identification of the right of integrity in the film adaptation.Through the analysis of the foregoing,this chapter puts forward the rules for reconstructing the meanings and constituent elements of the distortion and determining the infringement identification standards that damage the author's thoughts.Specifically,on the one hand,the distortion should mean the act of destroying the identity of the author and the ideological identity of the work,and the composition of the distortion should include the following two elements: it must be for improper purposes and the substantive content of the work has been changed.On the other hand,determining the infringement recognition standard that is detrimental to the author's thought refers to distorting and falsifying the thought of the work,and is enough to cause public misunderstanding.In addition,it is also possible to judge whether the author and the idea of the work are separated according to the mode of the adaptation behavior.