A Study On The Determination Of Infringement Of Film And Television Adaptation Rights Of Online Novels

The emergence and development of online novels have greatly enriched the spiritual life of the people,and at the same time become a form of cultural expression.The adaptation of online novel works into film and television dramas has also become a common phenomenon,however,the problem of infringement also occurs,therefore,it is very meaningful to conduct an in-depth discussion on the determination of infringement of the right to adapt online novels for film and television.The focus of the protection of the right to adapt online novel works is to clarify the steps of infringement determination and improve the process and methods of infringement determination of the right to adapt online novels.In a theoretical sense,it provides protection for the practical protection of the right to adapt online novels for film and television.The author is located at the level of web novels undergoing adaptation,demonstrating the practical significance of this selected topic.Based on the theory,the author proposes specific solutions in relation to judicial cases in practice.In this regard,the author describes from the following: the right of adaptation is the exclusive right of the copyright owner,i.e.,the right of the author or other copyright owners to use the work for commercial interests.In terms of historical turnover,the right of adaptation has manifested itself in various forms of expression in different periods of history,and the infringement of the right of adaptation is characterized by a wide geographical area,serious consequences,and concealment.The main focus of infringement determination lies in the attribution of the right of adaptation and the criteria of infringement.Furthermore,the diversity of subjects of the right of adaptation has led to an increasingly difficult infringement determination of their rights and the proliferation of unfair competition behaviors.The main reasons for the problems in the infringement determination are that the scope of the regulation of rights is unclear and easily confused with other legal meanings,and the standard of fair use cannot be clarified;the rules for the determination of infringement are unclear after the occurrence of infringement,which leads to conflicts;the overall analysis method and the internal and external detection method are mainly used,but both methods focus on different aspects,which lead to the limitations of each,i.e.the incomprehensiveness of the determination method.For the determination of infringement of the right to adapt online novels,the author makes several suggestions: firstly,the scope of the regulation of the right to adapt should be clarified,which mainly distinguishes between copying and adaptation,and then the fair use in the law should be clarified to avoid excessive fair use infringement of the right to adapt,and the main determination of substantial similarity.The rules of infringement determination should be improved by increasing the determination of the relationship between the source of adaptation,further determining infringement or not,and also using evidential similarity to fill the loopholes of infringement of the right of adaptation,but in this process to maintain a balanced relationship of interests.The use of internal and external tests,the three-step test,and the overall view method provide references to the way of determining the right of adaptation.Refinement of duality similarity.In summary,for infringement determination thinking,"adaptation source relationship(contact + evidential similarity)+ duality similarity(evidential similarity and substantial similarity)" is an adjustment,a progressive way,which provides guarantee for determining the infringement of online novel film and television adaptation rights by building an increasingly perfect institutional structure,and provides protection for online novel It is a progressive way to promote the sustainable and healthy development of the online novel industry chain by building a more and more perfect institutional structure to guarantee the infringement of the right to film and television adaptation of online novels in accordance with the law.