Study On The Abolition Of The Right Of Adaptation In China

In recent years,adaptation plays and music have been emerging,and the adaptation market is extremely hot.In the face of the booming adaptation market,the copyright owners of a work must safeguard and protect their own copyright rights and interests.However,the current legislation on adaptation in China’s copyright law has brought difficulties to the copyright owners in safeguarding their rights and interests.On the one hand,adaptations are used It will really damage the interests of the original copyright owner,but the adaptation right set by the copyright law only controls the adaptation behavior.The feature of the copyright is that one right controls one behavior,and the adaptation right can’t govern a wide range of adaptation use behaviors,so the adaptation right can’t protect the rights and interests of the copyright owner;on the other hand,the copyright law sets a separate right for "adaptation behavior",In violation of the law of copyright legislation,the act of reproduction is worse than the act of adaptation,but the copyright does not set up the right of reproduction to control the act of reproduction.The right of reproduction controls the act of making copies,because the purpose of the establishment of copyright is to control the dissemination and utilization of works,such as making copies,broadcasting,information network dissemination,which is embodied in the specific use of works Instead of abstract copying or adaptation.In addition,there are many irreconcilable problems in the implementation of the right of adaptation.Based on the above questions,this paper demonstrates the legitimacy and feasibility of abolishing the right of adaptation,and points out that after abolishing the right of adaptation,according to the provisions of articles 12,35,37 and 40 of the copyright law,we can control the use of adapted works through non deductive rights of works,so as to protect the rights and interests of authors and maintain the harmony of the copyright system.There are four parts in this paper.The first part is an overview of the right of adaptation,which is divided into three parts.The first part is a legislative review of the right of adaptation in China,which respectively introduces the four stages of its germination,emergence,development and maturity.The second part is an introduction of the current situation of the right of adaptation in China,which expounds the scope,characteristics and the difference between the right of adaptation and other copyright rights.The third part is the reform of China There are two main reasons for the control of adaptation by the right of editing: first,most countries stipulate that the right of adaptation controls adaptation,and China has learned from the laws of western countries;second,it is difficult to distinguish between the creation and the creation.The first part introduces the past,the present and the future of the right of adaptation in China.The second part introduces the disadvantages of the right of adaptation in China,mainly including the following five disadvantages: firstly,the property right attribute of the right of adaptation is not obvious;secondly,the act of adaptation can be regarded as the act of reproduction;thirdly,the originality of the adapted works has not been proved;fourthly,the right of adaptation can not protect the rights and interests of the copyright owner;fifthly,the confirmation of the right of adaptation will infringe the interests of the third party.The second part shows that there are many problems in both legislation and judicial practice,so that it should be abolished.The third part demonstrates the legitimacy and feasibility of abolishing the right of adaptation.There are three aspects of legitimacy.One is that abolishing the right of adaptation can solve the problems caused by the establishment of the right of adaptation in reality,help to abide by the law of copyright legislation,help to liberate human nature and protect the rights and interests of copyright owners,help to harmonize the copyright system and eliminate the disadvantages of the right of adaptation.The second is that the abolition of the right of adaptation does not violate international treaties;the third is that after the abolition of the right of adaptation,the rights and interests of the copyright owner can be protected by other rights;the feasibility is that there are experiences of other countries to learn from,and the abolition of the right of adaptation will not affect the copyright ecosystem.The third part shows that the abrogation of the right of adaptation has its basis and environment.The fourth part puts forward the plan of abolishing the right of adaptation and the suggestion of the internal legal arrangement of copyright after abolishing the right of adaptation.The first section puts forward the corresponding measures to abolish the right of adaptation,mainly including deleting the right of adaptation and other deductive rights,protecting the adapted works and other deductive works,and the second section puts forward the suggestions to increase the elements of the liability of copyright infringement,so as to achieve the balance of the copyright system after abolishing the right of adaptation.