Discussion On The Conflict Between The Right Of Adaptation And The Right To Protect The Integrity Of The Work

IP adaptation is a popular trend in the entertainment industry today.It satisfies the changing needs of people's lifestyles,and ensures that adapted people can create varied works in a short period of time to enter the market and gain revenues,allowing the original works to re-enter audience's vision of discussion,expanding further social impact while also increasing the exposure of authors of the original work.From an ideal point of view,this is a situation in which both parties can meet each other's needs and achieve a win-win situation.However,in reality,subject to the influence of many factors,the situation in which the two sides engage in a lawsuit occurs frequently and becomes increasingly fierce because of the conflict of two rights.Therefore,it is necessary to conduct in-depth research on this issue.The main body of this article is divided into 5 parts.The first part introduces the current situation of conflict between right of adaptation and protection of complete rights of works.It concludes that the conflict of rights arises mainly in the type of literary works adapted to film and television works;The second part summarizes the negative consequences arising from the conflict between the rights of adaptation and protection of the integrity of the works,aiming to highlight the necessity of resolving the conflicts between the right to adapt and the right to protect the integrity of works;the third part comprehensively analyzes the produced reasons for the conflict between the rights of adaptation and protection of the integrity of the work from the historical perspective,the legislative level,the scope of power exercise,and the contract level by historical analysis methods,literature analysis methods,comparative analysis methods,etc.and then this part points out that the conflict between the rights of adaptation and protection of the integrity of the work exists naturally,and there are not enough rigorous flaws in the legislation,and it is difficult to define the scope of the right to exercise the right of adaptation,and adaptation of the scope of the agreement is not clear.The fourth part starts with the legislative experience of foreign countries and the practical experience of judicial cases,and summarizes the places where China can learn to solve the conflict between the two rights;In the last part of the article,the author puts forward six recommendations to solve the conflict between the right to adaptation and the right to protect the integrity of works in China.The innovations of this article are mainly reflected in the author's suggestions.There are mainly three aspects:First,to formulate three judgment elements that damage the reputation of the author,including whether the evaluator has the identity of the public,whether the object of the evaluation is the original author and Whether there are objective derogatory manifestations in his works or not;secondly,the situation in the legislation stipulates the rational adaptation and restricts the protection of the integrity of works,including the adaptation of individual learning,research or appreciation purposes,and the adaptation of teaching purposes in the classroom,and the necessary adaptation for non-profit use;Thirdly,it discusses the application space of the partial exhaustion theory of spiritual rights in the resolution of right conflict between right of adaptation and protection of integrity of works.Other suggestions also include:adoption of the concept of the right of adaptation in the revised draft of the latest copyright law;and damaging the reputation of the author put into the protection of the integrity of the provisions of the law;and strengthen the review of the registration of the contract;and damaging the author's reputation as the standard for the protection of integrity of works;the infringed person can safeguard his own interests by claiming that stopping infringement,penalty for damages or other legal remedies.