| With the rapid development of Internet and high technology in China,methods of people’s entertainment have changed from face-to-face interaction to the intelligent era of mobile Internet with one screen on hands.The cultural and entertainment industry has also shown prosperity and surge in the consumption level.The popularization of information networks has led to the rise of the network literary industry.With its unrestricted and popular creation subject,popular and people-friendly content,and simple and fast communication methods,network literary works have been loved by the masses,and the scale of the industry has continued to grow.Network literary works have gradually evolved from being only a spiritual home for literary lovers to a complete industrial chain of cross-field copyright development.With the intellectual property rights of network literary works as the core,it links publishing units,film and television,game and animation manufacturers,and runs through the online literary writing platforms,offline publishing,and derivative development.In various industry chains,the film and television adaptation has become the most influential link in many derivative industry chains.In recent years,the adaptation of network literary works in the film and television industry has set off a frenzy of ratings,and the momentum of development is unstoppable.Although network literary works as the upstream and front-end of the industry chain have bright prospects in the film and television industry,the copyright issues involved in the process of adapting network literary works into film and television works are endless.Because of the particularity of the Internet era,the plagiarism defects of the adapted network literary works,and the chaos in the process of the transfer of the film and television adaptation rights of network literary works,problems such as the contradiction between the conversion of text and images still exist.If these problems cannot be resolved,the rights and interests of the copyright holders of network literary works will be infringed,and the market for network literary works and the film and television adaptation will also be disrupted.Therefore,strengthening copyright protection in this respect is an inevitable requirement for the prosperity and healthy development of the market about network literary and the film and television adaptation,and also for the successful development of China’s cultural undertakings.This study is based on the current status of the development of the online literature industry in China.Through literature collation,case study,comparative analysis and other methods,the study analyzes and summarizes the types of legal disputes that have occurred in the process of film and television adaptation of network literary works in recent years,trying to find out the problems in the protection and conduct legal analysis,put forward corresponding suggestions.It provides reference for copyright protection and even rights safeguard in the film and television adaptation of more network literary works in the future.It is divided into four parts.The first part introduces the definition and characteristics of network literary works contrating traditional literary works,and the characteristics are ‘creator democratization’,‘highly interactive’ and ‘content taped’.Due to the characteristics of network literary works and the lack of traditional literary works,the development of the film and television adaptation of network literary works has ushered in the development.The film and television adaptation of network literary works involves multiple right subjects,so the authorization link needs to clarify the ownership of rights,such as the ownership of copyright between network literary works’ author and platforms,the ownership of copyright about the film and television adaptation scripts of network literary works and the film and television work.The second part introduces the typical copyright protection mechanism in the protection of network literary works’ film and television adaptation in China.It mainly introduces the four aspects of copyright determination,right grant,use,and relief of network literary film and television adaptation.The main content is to introduce substantial similarity standard,related regulations for film and television authorization,adaptation rights,the right to protect the integrity of works and the corresponding judicial protection standards and compensation and relief system accordingly,and lead to the focus of the discussion below.The third part summarizes and introduces the typical infringement phenomena and disputes of the current online literary works film and television adaptations by combing the relevant cases introduced in the preface,in order to discuss the problems reflected in the copyright protection of the film and television adaptation of network literary works,such as ‘Ronggeng’ plagiarism,film and television licensing chaos,and unreasonable film and television adaptation.Some application defects of the Dichotomy of Thought and Expression and the Originality Theory in network literary works are reflected in the ‘Ronggeng’ plagiarism,as well as the problems in the network literary works infringement litigation application of the principle of tort liability and its constituent elements,differences in the substantive identification standards,and problems in the realization of the compensation and relief system in judicial practice.The chaos of film and television authorization reflects the issues concerning the signing of contracts between the network literary works’ platform and the author,the copyright owner of the network literary works and the film and television companies.The abstract concept in the legislative provisions embodied in unreasonable film and television adaptation leads to the conflict between the right of adaptation and the right to protect the integrity of works.The fourth part addresses the shortcomings and problems in the existing copyright protection and protection of the film and television adaptation of network literary works in the third parts.Combined with the reference of foreign excellent experience,corresponding suggestions for improvement are proposed,such as seeking the new protection vision of the Dichotomy of Thought and Expression and Originality Theory in network literary works,improving the application of the liability imputation and determination in infringement litigations,clarifying the realization standard of the damage compensation system and the definition of the rights related to the copyright of the film and television adaptation,standardizing the copyright authorization contracts for the film and television adaptation of network literary works.It also puts forward the idea of strengthening the copyright protection awareness of the film and television adaptation of network literary works,from the perspective of copyright owners such as the author of network literary,film and television companies and even the film and television industry. |
