Research On The Judgment Standards Of Infringement To Protect The Integrity Of Works

The domestic film industry is ushering in rapid development.A large number of literary works were shot into movies for release.In such a market environment,with the trend of adapting literary works into film and television works,while bringing development to the film and television industry,it also caused many copyright litigation conflicts.In judicial practice,there are certain disputes about the infringement standard for the determination of the integrity of the work.Some courts believe that the idea of a work is modified to constitute an infringement,while some courts believe that the modification must cause a negative impact on the author’s reputation to constitute an infringement.Different courts have different judgments in the same case,and even similar cases in the same court have adopted different standards to determine whether the infringement is infringement.Therefore,the research on which infringement judgment standards should be applied to protect the integrity of the work appears to have certain practical value.This article uses the copyright infringement dispute between the author of "Ghost Blowing Lantern" and the producer of the film "Nine Demon Tower" to discuss the disputes in the application of the infringement judgment standard for the integrity of the protection of works.First,through the cost-benefit analysis method,the degree of protection of the rights is realized as the profit indicator,and the obligation cost of others,the system operation cost and the public acceptance cost are used as the cost indicators.The results of comparative analysis of the net income that can be obtained by the judgment standard of "damaging works thoughts" show that our country’s judgment standard for the infringement of the integrity rights of protected works is more suitable for adopting the standard of "damaging works thoughts".Afterwards,we will discuss that the standard of "destructive work thoughts" in our judicial practice should be based on whether the work thoughts include the work theme,central idea,value orientation,and artistic pursuits from the audience’s point of view to determine whether it has been substantively changed.If the original work’s ideas cannot be accurately,completely,and systematically transmitted to the audience,it should not be deemed to constitute an infringement,and the alteration of the work by others has caused a negative impact on the author’s reputation of the original work,which can be used as a reference factor for the degree of infringement damage.