全版权运营下作品多重改编问题研究
发布时间：2018-08-04 14:09
【摘要】：随着移动互联网技术的进步和泛娱乐化产业的发展,围绕作品的经济利益开发而逐渐形成了全版权运营模式。在全版权运营模式下,为尽可能地挖掘版权价值,一个作品通常被改编成多种形式,并且随着改编作品的成功,对改编作品的版权价值挖掘也随之展开,于是出现了对已改编作品的再次改编,从而出现对作品进行多重改编的情形。根据现行《著作权法》的规定,改编作品的著作权由改编者享有,但与此同时改编作品又受到《著作权法》第十二条的限制。对改编作品进行再改编可能引起原作品方、原改编作品方、原作品授权方和改编作品授权方的权利及利益冲突,造成多方法律纠纷。全版权运营下作品运营主体都积极的参与其中主动地对作品进行发射性的推广,使作品改编呈现出改编内容多元化和改编被许可主体多元化的特点,通过对全版权运营下由作品多重改编所致纠纷的典型案例分析,作品多重改编产生纠纷多是源于改编作品授权范围不明确和各方著作权主体权利冲突所致,而导致纠纷发生的根本原因则是因为现行法律对改编作品的权利行使界定模糊,以及作为市场交易客体的改编权本身的财产权利属性涉及到作品多重改编各方主体的市场利益平衡。从法律对改编作品的相关规定和作品的市场价值角度出发进行研究,以利益平衡为理论基础构建合理的作品多重改编的利益分配规则。作品多重改编的利益分配应当考虑各方创作者的利益平衡以及创作者与作品使用者的利益平衡,由于作品使用者包括社会公众,即还应当考虑公共利益的平衡。除了在进行改编权授权时通过合同约定各方的利益分配,对作品多重改编的授权还可以类比适用著作权法中法定许可的方式,以实现一定程度上各方主体的利益平衡。结合对作品多重改编所致纠纷现状及其根本原因的分析,和对作品多重改编情形下利益平衡的分析,提出对于《著作权法》相关制度的改进建议,明确改编作品的著作权行使,应当对《著作权法》第十二条中“不得侵犯原作品著作权”的进行合理解释,“不得侵犯原作品著作权”应当解释为改编作品的权利行使受到不得损害原作品著作权人权益的制约。通过区分改编作品与原作品的独创性表达部分,合理地规制改编作品著作权财产权利行使的授权,在不侵犯原作品著作权的前提下,实现原作品与改编作品市场利益获得的双赢。
[Abstract]:With the progress of mobile Internet technology and the development of pan-entertainment industry, the whole copyright operation mode is gradually formed around the development of economic benefits of works. In the whole copyright operation mode, in order to excavate the copyright value as much as possible, a work is usually adapted into many forms, and with the success of the adapted work, the mining of the copyright value of the adapted work is also carried out. Then there appeared the re-adaptation of the adapted works, which resulted in multiple adaptations of the works. According to the current copyright Law, the copyright of the adapted work is enjoyed by the editor, but at the same time, the adaptation of the work is restricted by Article 12 of the copyright Law. Readaptation of the adapted works may cause conflicts of rights and interests between the original work parties, the original adaptation works parties, the original work licensees and the adaptation works licensees, resulting in various legal disputes. Under the whole copyright operation, the main body of the operation of the work is actively involved in the active promotion of the work, which makes the adaptation of the work present the characteristics of the diversification of the adaptation content and the diversification of the subject of the adaptation of the license. Through the analysis of typical cases of disputes caused by multiple adaptations of works under the whole copyright operation, it is found that the disputes arising from multiple adaptations of works are mostly caused by the unclear scope of authorizations of the adapted works and the conflict of the rights of the copyright subject of various parties. The root cause of the dispute is the vague definition of the exercise of the right to work adaptation in the current law. As the object of market transaction, the property rights attribute of the adaptation rights involves the balance of the market interests of the parties involved in the multiple adaptations of the works. From the angle of the relevant regulations of the law and the market value of the adapted works, this paper constructs the reasonable rules of interest distribution of the multiple adaptations of the works on the basis of the theory of balance of interests. The interests distribution of multiple adaptations of works should consider the balance of the interests of the creators and the interests of the creator and the users of the works, because the users of the works include the public, that is, the balance of the public interests should also be considered. In addition to the distribution of the interests of the parties stipulated in the contract, the authorization for multiple adaptations of works can also be analogous to the way of applying the statutory permission in copyright law, in order to achieve the balance of the interests of the parties to a certain extent. Based on the analysis of the present situation and the root causes of the disputes caused by the multiple adaptation of works, and the analysis of the balance of interests under the situation of multiple adaptation of the works, the author puts forward some suggestions for the improvement of the relevant system of the copyright Law, and clarifies the copyright exercise of the adapted works. "No infringement of the copyright of the original work" shall be reasonably interpreted in Article 12 of the copyright Law, "the copyright of the original work shall not be infringed" shall be interpreted as that the exercise of the right to adapt the work shall be restricted by the rights and interests of the copyright owner of the original work. By distinguishing the original expression part between the adapted work and the original work, the author reasonably regulates the authorization of the exercise of the property right of the copyright of the adapted work, without infringing upon the copyright of the original work, To achieve the original works and the adaptation of the market interests of the win-win.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.41
本文编号：2164133
[Abstract]:With the progress of mobile Internet technology and the development of pan-entertainment industry, the whole copyright operation mode is gradually formed around the development of economic benefits of works. In the whole copyright operation mode, in order to excavate the copyright value as much as possible, a work is usually adapted into many forms, and with the success of the adapted work, the mining of the copyright value of the adapted work is also carried out. Then there appeared the re-adaptation of the adapted works, which resulted in multiple adaptations of the works. According to the current copyright Law, the copyright of the adapted work is enjoyed by the editor, but at the same time, the adaptation of the work is restricted by Article 12 of the copyright Law. Readaptation of the adapted works may cause conflicts of rights and interests between the original work parties, the original adaptation works parties, the original work licensees and the adaptation works licensees, resulting in various legal disputes. Under the whole copyright operation, the main body of the operation of the work is actively involved in the active promotion of the work, which makes the adaptation of the work present the characteristics of the diversification of the adaptation content and the diversification of the subject of the adaptation of the license. Through the analysis of typical cases of disputes caused by multiple adaptations of works under the whole copyright operation, it is found that the disputes arising from multiple adaptations of works are mostly caused by the unclear scope of authorizations of the adapted works and the conflict of the rights of the copyright subject of various parties. The root cause of the dispute is the vague definition of the exercise of the right to work adaptation in the current law. As the object of market transaction, the property rights attribute of the adaptation rights involves the balance of the market interests of the parties involved in the multiple adaptations of the works. From the angle of the relevant regulations of the law and the market value of the adapted works, this paper constructs the reasonable rules of interest distribution of the multiple adaptations of the works on the basis of the theory of balance of interests. The interests distribution of multiple adaptations of works should consider the balance of the interests of the creators and the interests of the creator and the users of the works, because the users of the works include the public, that is, the balance of the public interests should also be considered. In addition to the distribution of the interests of the parties stipulated in the contract, the authorization for multiple adaptations of works can also be analogous to the way of applying the statutory permission in copyright law, in order to achieve the balance of the interests of the parties to a certain extent. Based on the analysis of the present situation and the root causes of the disputes caused by the multiple adaptation of works, and the analysis of the balance of interests under the situation of multiple adaptation of the works, the author puts forward some suggestions for the improvement of the relevant system of the copyright Law, and clarifies the copyright exercise of the adapted works. "No infringement of the copyright of the original work" shall be reasonably interpreted in Article 12 of the copyright Law, "the copyright of the original work shall not be infringed" shall be interpreted as that the exercise of the right to adapt the work shall be restricted by the rights and interests of the copyright owner of the original work. By distinguishing the original expression part between the adapted work and the original work, the author reasonably regulates the authorization of the exercise of the property right of the copyright of the adapted work, without infringing upon the copyright of the original work, To achieve the original works and the adaptation of the market interests of the win-win.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.41
【参考文献】
相关期刊论文 前10条
1 杨光夏;刘远山;赵文萍;;小说改编的影视作品著作权问题探究[J];哈尔滨学院学报;2016年08期
2 马晓明;;论影视作品中改编权与保护作品完整权的冲突和平衡[J];中国版权;2016年01期
3 张玲玲;张传磊;;改编权相关问题及其侵权判定方法[J];知识产权;2015年08期
4 张玲玲;;改编权侵权责任承担问题的一点思考[J];中国版权;2015年04期
5 张曼;;论著作权法定许可的正当性基础[J];知识产权;2013年01期
6 潘天怡;谭琪瑶;;著作权中的“人格权、财产权”二元分立论[J];知识产权;2012年08期
7 李峰;袁博;;演绎作品再演绎的授权规则——以《鬼吹灯》游戏改编案为视角[J];人民司法;2012年14期
8 李杨;;从“复制”到“传播”:著作财产权的权利基础审视[J];中国出版;2012年12期
9 张语南;;作品改编权问题研究[J];中国律师;2011年10期
10 陈锦川;;演绎作品著作权的司法保护[J];人民司法;2009年19期
相关重要报纸文章 前1条
1 冯宏声;;保护作品完整权与改编权的博弈[N];中国知识产权报;2009年
相关博士学位论文 前1条
1 李杨;著作财产权体系中的个人使用问题研究[D];西南政法大学;2012年
相关硕士学位论文 前2条
1 赵晓斌;动漫二次创作与在先作品的权利冲突研究[D];华南理工大学;2015年
2 王祥颖;网络媒体的全版权运营研究[D];复旦大学;2010年
，本文编号：2164133
本文链接：https://www.wllwen.com/falvlunwen/minfalunwen/2164133.html
