| The right of adaptation is the right to change the work and create new works with originality.The stipulation of the adaptation right in the copyright Law is very simple,and the simple result is often the deviation of understanding between different people,and the understanding of the basic concept is different.As a result,there are great differences in the results of the infringement of adaptation rights in judicial practice,and the judicial logic will shift due to the different understanding of the concept.Starting from the basic concept of adaptation right,this paper decomposes the elements of adaptation right,adaptation behavior and adaptation work,further clarifies the relationship among them,and makes clear the right structure of adaptation right: the core of its regulation is adaptation behavior.and the adaptation behavior is to change the work,based on the original work to create a new work,the result of its behavior is the adaptation of the work.Therefore,the adaptation behavior can only be reflected by comparing the original works with the adapted works.On the basis of clarifying the basic concept of the right of adaptation,the constitutive elements of the infringement of the right of adaptation can be determined.After determining the constitutive elements of the infringement of the right of adaptation,re-examine the existing judicial logic of the infringement of the right of adaptation.Combing and summing up the typical cases in practice,summed up the existing adaptation right judgment logic,that is,to determine whether the two works constitute a substantial similarity as the core of the judgment logic.However,this kind of existing judgment logic itself does not clearly define the regulation scope of the adaptation right,but applies the principle of substantive similarity to copyright infringement disputes without difference,which makes it difficult to distinguish the adaptation right from the property rights of other works,which is not conducive to the protection of the adaptation right.Based on the problems existing in the existing logic of adaptation right judgment,the corresponding corrective suggestions are put forward.First of all,it is necessary to clarify the regulation scope of adaptation right and determine the boundary between it and the property rights of other works.Secondly,as the basic principle of determining copyright infringement,the principle of "contact + substantive similarity" is applied in almost all copyright infringement disputes,and the determination of adaptation right infringement undoubtedly revolves around this principle.Therefore,in order to highlight the characteristics of adaptation rights,we must reshape the status and application of "contact + substantive similarity principle" in the determination of adaptation rights infringement.Although little attention is paid to the determination of the infringement of the right of adaptation in the current judicial practice,with the continuous strengthening of copyright protection and the refinement of the adjudication rules,the rules of the infringement of the right of adaptation will be continuously optimized in the future. |
