Research On Adaptation Infringement Of Network Literature

As an important copyright property in the field of network literature,the right to adapt network literary works occupies an important position in the copyright legal relationship of online literary works,and has become the concentration right of relevant legal subjects to fall into infringement disputes.The infringement of the rights of network literature adaptation is different from the infringement of adaptation rights of other works.Because the invisibility of infringement,complexity of infringement objects,and interlacing of infringement subjects make the identification of such infringements more difficult.Simultaneously,In the process of infringement identification of network literary,judicial practice faces the the dilemmas from unclear infringement identification elements and unsound infringement identification model of network literary.In this regard,combined with the characteristics of online literary works and the infringement recognition rules of "substantively similar + contact",infringement identification's elements accurately identify the two key elements of “adapted source relationship” and “adapted behavior” between successive works,on the basis of triple analysis about protection scope of adaptation rights.The method for determining infringement of the right to modify network literature in accordance with principle of consensus infringement recognition in copyright,and adapts the application of “overall perception method” and “abstract test method”.In the basic part of infringement identification for network literary,defineing adaptation infringement's identification elements and adaptation rights' protection scope,which is a prerequisite for infringement identification.It's key to defineing adaptation infringement's identification elements that “adapted source relationship” and “adapted behavior” between successive works are analyzed accurately.Moreover,“adapted source relationship” and “adapted behavior” are the key elements in defineing adaptation rights' protection scope.Therefore,To determine the infringement of network literature adaptation,it is first necessary to identify the “relationship source relationship” and “adaptation behavior” between successive works,so as to clarify adaptation infringement's identification elements and adaptation rights' protection scope.Considering the basic view of the infringement recognition,the accurate identification of these two key elements should focus on the essential elements of “everything changes”,namely the original network literature,adaptation behaviors,and adaptation works,forming a weekly analysis system of “original works-adapted behaviors-adapted works”.Accordingly,based on the basic connotation of adaptation rights of network literary,the control scope of adaptation rights is defined by the progressive legal thinking mode,which lays a foundation for the advanced links of infringement identification of network literary.In the advanced link of infringement recognition of network literary,the “substantive similarity+ contact” infringement determination rule is still universal,but it is applicable to the field of network literary's adaptation rights,and further needs to determine the “adapted source relationship” of works involved.Thus,it is clear that the “dual similarity” between successive works,that is,“probative similarity” and “substantial similarity”.On the basis of the identification‘s idea of “adapted source relationship(contact + probative similarity)+ dual similarity(probative similarity and substantial similarity)”,the method of infringement recognition of network literature adaptation combined with internal/external test method,abstract-filter-comparative three-step method and overall perception method,forming a three-step method of “external expression perception test-internal expression abstract analysis-total expression comprehensive comparison”.And it pays attention to similarity and difference between the accused infringing works and the original network literary,and using the principle of “balance of interests” as the criterion to distinguish the improper adaptation and fair use behavior.The improved method for identifying infringement of network literature is adjustment of the original infringement identification method,aiming at providing corresponding theoretical guidance to relevant legal practices and promoting the effective protection for the rights of network literature adaptation.