On November 15th, actor Zhao Liying posted on Weibo that she suspected that the adaptation of the work was too far away from the original, which immediately triggered heated discussions. Many netizens also linked the actor's voice with the film and television work "You Fei" he was participating in. At 15:00 on the 15th, Jinjiang Literature City, the original novel publishing platform of "You Fei", issued a statement in response to the incident saying that it respects the necessary adaptations of derivative works, but if there is a change in the core personality of the main characters, the relationship between the main characters, and the addition of the main characters For non-essential entanglements and other behaviors that violate the original writing intention, the right to follow-up legal responsibility is reserved. In this regard, some lawyers analyzed that this kind of dispute is actually a conflict between the right of adaptation and the right of integrity of the work. “The implementation of the right of adaptation should be limited to the right to protect the integrity of the work.” In other words, even if the playmaker It has been authorized by the author of the literary work, and in the process of adaptation, it is not possible to change it as you wish.
"There are bandits" is suspected of being transformed into a film and television, and it is controversial.
has attracted much attention since the novel "There are bandits" was introduced into the film and television. On November 15th, the suspected large-scale changes during the film and television production of the novel made it to the top rankings of major social networking sites. Some netizens believe that since it claims to be adapted from the original novel, it should retain the main story of the original work, otherwise it is no different from the new work; some voices say that since the original work has authorized others to make film and television creations, the adaptation should be allowed. It is very different from film and television works in terms of expression.
At 15:00 on the 15th, the official Weibo of Jinjiang Literature City took the lead in responding to the dispute. Jinjiang Literature City stated that, regarding the fact that the film and television work "You Fei" written by "You Bandit", written by the author of the site's contracted "A Mouthful of Fangs", "You Fei", Jinjiang and the author jointly declared as follows: "If it is a rumor, I hope that the drama party will dispel rumors as soon as possible to avoid adverse effects. If it is not a rumor, please carefully confirm the content of the contract and respect the contract terms in the film adaptation. We will never accept the change of the main character, the core personage, the relationship between the main characters, and the addition of the main characters Non-essential entanglements and other behaviors that violate the original writing intention. Jinjiang and the author respect any necessary adaptations of derivative works and are willing to fully support and cooperate with the partners in the work. However, if there is a violation of the contract in the adaptation, a breach of contract occurs, We reserve the right to pursue legal liability in the follow-up.”
has previously been sentenced to compensation for
due to excessively modified movies. In fact, this is not the first time similar disputes have occurred during the filming and televisionization of literary works. The most well-known controversy over the "Magic Reform" originated from the original author of "Ghost Blowing Lantern" Zhang Muye (penname Tian Xia Ba Chang) sued the rights holders related to the adaptation of the film "Nine Demon Tower".
Zhang Muye claimed that the movie "Nine-story Demon Tower" seriously distorts and tampers with the novel "The Ancient City of Ghost Blowing the Lamp", infringing the author's right to protect the integrity of the work, and the film did not sign the author, infringing his right to sign , Demanding a compensation of 1 million yuan.
In August 2019, the Beijing Intellectual Property Court concluded the case in its second instance and found that China Film, Dreamers, and LeTV had adapted "The Ancient City of Ghost Blowing the Light" into the movie "Nine Demon Tower" and violated the novel author. Zhang Muye's right to protect the integrity of the novel. The court of second instance found that, after obtaining the right to adapt the original work, the changes made to the adapted work should meet the necessary limits. The changes to "Nine-Layered Demon Tower" are a substantial change to the core expression elements such as the main character settings and story background of the novel involved. It also substantially changes the views and emotions expressed by the author in the original work. The works were distorted and tampered, and the three defendants were ordered to compensate Zhang Muye for mental damages of 50,000 yuan. Attorney
: If you have the right of adaptation, you don’t want to change
. Attorney Zhao Hu of Beijing Zhongwen Law Firm said that generally speaking, when filming film and television works based on literary works, authorization from the original author is required. “Copyright includes 17 rights. The authorization of the film and television of literary works mainly involves the right of filming and adaptation. But even if it is authorized, it does not mean that the plot of the story can be changed without restrictions, otherwise it may be suspected of infringing the original author’s right to protect the integrity of the work."
Beijing Know Lawyer Zhang Bingnan, a partner of Yuantongchuang Intellectual Property Agency, analyzed that the above-mentioned dispute is essentially a conflict between the right of adaptation and the right to protect the integrity of the work. "The right of adaptation belongs to the property right, which can be licensed or transferred by the copyright owner in accordance with the law. The right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering, is a personal right and cannot be transferred in accordance with the law. Regarding the right of adaptation itself, The scope of adaptation agreed in the contract between the two parties takes precedence, but the implementation of the right of adaptation should be limited to non-infringement of the right to protect the integrity of the work. Lawyer Zhang Bingnan said that the so-called magical modification should exceed the allowable limit for the adaptation, but in specific practice, because the understanding of distortion and tampering may be different, where is the right boundary of the adaptation right and what circumstances will break the protection of the work The boundaries of the right of integrity require specific analysis of specific cases.
