On the interpretation of works of multiple copyright _998

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On the interpretation of works of multiple copyright
 
 
On the interpretation of works of multiple copyright
 
[Abstract] the proliferation of the characteristics of intellectual property can maximize the benefits and the pursuit of the desire to promote the exercise of copyright and the right to use showing a significant diversification characteristics. Access to and use of copyright inevitably occur during the phenomenon of coincidence of a variety of rights, multiple copyright issues have emerged. This article discusses the definition and the multiple causes of the copyright to derivative works as an example of the exercise of interpretation of copyright rules, the final interpretation of proposed infringement of copyright works should have multiple views.
 [Key words] derivative works of multiple copyright
 First, the definition of multiple copyright and causes
 Copyright refers to the so-called multiple use of the original copyright derivative rights arising from the general term, that is, the original copyright and neighboring rights, the phenomenon of coexistence.
 Common is an original work by the people, respectively, according to the different forms were juxtaposed to create new works, such as Jin Yong's martial arts novel film D, which derived from a novel B, C, D is the parallel between them and the original work of This work structure, called by some in the academic community Eagle Xia Lu, Commercial activities in the real world, sometimes, there will be an original work even after multi-level derived from a variety of forms means the new work, forming a creative chain. If the fiction of a foreign language A, translated into Chinese fiction B, then B adapted into comic book C, and then shot into a movie by comic C D, and D person in turn made into a movie in a Flash site flashE published. Thus, in this case to derive from the original works of A B, C, D, E four works, which are each an original work entitled to copyright. This unique multi copyright is that derived from the original works of each are not parallel between the new work but a sequence, such as the example, as a foreign language novels before A, after B, then only C, C after a D, D after that E. In this case, E is the last work on the basis of interpretation of interpretation arising from repeated again, then copyright also involved during more complex, more diverse of, and I call this type of work is called It should be noted, regardless of what kind of structure, one of the greatest features of multiple authorship is that although the new work or other results are based on the original derivative works, but works the same as the original to enjoy independent copyright or neighboring rights.
 Copyright multiple causes are:
 1, along with economic and technological development, the rights of copyright and neighboring rights, the type with more and more over time. In 1991 the implementation of the Therefore, based on the law, a variety of phenomena resulting copyright.
 2, determine the nature of work requires communication, and in the dissemination process produces a variety of neighboring rights. First, in the modern market economic activities, the work is one of the essential attribute of commodities; works of the creative process is the labor process, the work of the communication process can actually provide to the community and other main results of their labor process. If the author can not be rewarded creative work, will inevitably affect the continued creation of their material living conditions, not conducive to encouraging the creation of the initiative.
 Second, the work is to express their ideas of an important way. Although the authors can be created in the amateur, can not publish their works, their appreciation, but most of the hope that their work can still be recognized by the society of their work to the community needs.
 3, the social needs of diverse forms of communication works. After completion of a work, does not mean complete expression to be used after the completion of social communication. Community in a variety of forms of communication works needs. Film, stage performances, books, productions, etc., to meet the community's different subjects, different levels of need. To this end, the work requires constant interpretation and development.
 4 to copyright protection of works of expression, the interpretation of the same work can have a variety of forms. Requires a different interpretation of the different ways the ability of the Director may not have these capabilities. Written by the composer as the artist does not necessarily have the ability to understand the novel of the film director is not necessarily, but dissemination of the work requires the interpretation of the form; the other hand, rather than the ideas expressed in works, which is the Second, the interpretation of the exercise of copyright in the work of multiple rules
 Marx's Marx revealed the profound scientific and technological achievements made in the relationship between modern people and their predecessors. This is because science and technology which is not the product of an era, but the whole history of human society continued crystallization of accumulated knowledge, is the future generations in succession on the basis of previous knowledge to develop. Creative works of science and technology, is also bound to inherit the knowledge of their predecessors. The so-called derivative works, is [1]
 Multiple exercise of copyright is complex, has from time to consider, such as derivative works, it could in turn produce original works based on the translated works, comic books, television films and so on, each subsequent generation has produced works of neighboring rights, the prior consent of the exercise of the right holder shall agree. From the perspective of global and local, use part of the work, shall not infringe the right to use the whole works. Comic works such as the use of translation, we can not unauthorized use of its screen. Multiple copyright works prior to exercise rights must be considered and the whole works right.
 . Interpretation of the works of others in the interpretation of the work, unless the work has entered the public domain, the general agreement should be obtained and pay remuneration to the original author, unless otherwise required by law. Meanwhile, the work should also be maintained with the identity, integrity, not alter the content and of the work point of view.
 In giving a monopoly, the country's only interest and the main aim is to work from the author, is public access to the general interest. [2] to exercise their prior rights shall not infringe the copyright, neighboring rights arising from the special. Works produced in neighboring rights on the basis of originality, original works were due to processing, interpretation and therefore more easily accepted by society, and thus the rights of creators more likely to be violated. Because copyright law and the creation and dissemination of knowledge and information is closely linked, copyright law related to the political, economic, cultural, educational and other aspects, interests. The fruits of labor to enrich our lives, then this should be compensated for creative activities, the copyright to the creators provide a means to encourage their cultural activities to meet the public interest. [4]
 Such as the United States Supreme Court recognized, been advocated to solve some of the principles of maximum economic benefit or benefits, such as balance, which often give priority to the principle itself is in dispute. Although not from the microscopic on the author of each specific category of intellectual property conflicts to resolve, but tend to think: intellectual property conflicts to seek solutions, those boundaries must be out of the nest, otherwise, after all, is Jiaozhuguse only. Since intellectual property is a private right to the basic principles of civil law principles as its solution is most appropriate, mainly the principle of autonomy and good faith. Between intellectual property rights or intellectual property rights and other civil conflict, the first solution to apply the principle of autonomy is that the parties to the conflict within the scope permitted by law, freely negotiated settlement; can not be resolved in negotiations, when the referee by the court according to law, protect only a certain prior rights under the premise of the rules to be followed, because the legislature has expressly provided to it, so the court can only rule in the absence of directly applicable, in accordance with the principle of good faith the right balance between the conflicting parties. On the principle of good faith, its connotation and extension of Suisi fuzzy uncertainty, but it plays a role in two aspects: First, the parties engage in civil activities, it must have an honest, good inner demands of the parties plays a guiding role in civil activities ; Second, the principle of good faith discretion of judges to grant. [6] have to admit that the heart is not in good faith and dishonesty in daily economic life are common, their legal rights by the name of blackmail each other, wild speculations, the judge should be negative, otherwise, the judges understanding of the law can only stay in the rules level, rather than the spirit of the law level. Which in some personality rights and intellectual property such as the conflict was particularly evident. As for the protection of prior rights on the now largely been defined as a statutory provision, at best, only a law of the specific rules, and its wish to intellectual property conflicts in the whole environment as the principle of macro-to guide to resolve all conflicts the problem is clearly not enough, many of the issues of intellectual property rights still need to return to the basic framework of civil law theory of the foundation and look for solutions.
 Third, illegal derivative work right can produce multiple
 permission, but the violation of the original works of other copyright. [7]
 Without the permission of the original author to create the derivative works are entitled to full rights, that is, whether complete protection by copyright, national copyright laws vary from this, there are two entirely different protective measures. That: the interpretation of unauthorized activity is infringing activities. The subject of infringing activity is in the copyright law not qualify for copyright. Therefore, no copyright at all the work, including U.S. copyright law is hold this view. Section 103 of U.S. Copyright Act provisions: While editing works and derivative works are entitled to their own copyright protection. But that protection Although the author the right to appeal interpreters of infringement, the interpretation of the original author who should also bear civil liability; but the interpretation of works, still are protected by copyright works. One year ago the Swiss Copyright Act 1992, section 4, is one such requirement. British copyright law did not directly answer the Derivative Work itself is infringing copyright, but the British interpretation of the jurisprudence of the Court agreed that even if illegal derivative works should be protected by law. Which made the same conclusion with the Swiss.
 Illegal deduction works to produce multiple copyright reasons:
 With the situation so complicated, the legal interest in the division should not be stereotyped, but the situation should be different for different way of distribution of benefits. Rules should be formulated in the analysis of specific cases to specific treatment, the distribution of benefits in order to achieve true justice, to find a more reasonable option. The analysis of this specific to the following aspects from the start, and has been standing and balance the interests of the angle measurement.
 1, the legislative purpose from the copyright point of view. The basic purpose of copyright legislation is to: protect the wealth creation power of the human spirit, through the form of copyright protection of the copyright owner, to continuously push forward the human rational knowledge of nature and society and emotional awareness. And continue to enrich our spiritual wealth purposes.
 From the perspective of the distribution of benefits that is, the largest protected by copyright interest is subject to the interests of the original work. For the protection of other stakeholders in the next bit of comparison. However, allocation based on the interests of the law should also be just, balanced the interests of living can not but lower the corresponding protection. So that is the best interests of the copyright law in the protection under the main body should also consider the interests of other stakeholders.
 Address the illegal deduction works, we can not deny the interpretation of the original and illegal conflict of interest between work, based on a balance of interests, and, after all, works with the illegal deduction of equal protection of the interests of such a distribution is unjust. So original and between the illegal deduction, copyright protection of the former tend to be reasonable, this should not have any objection. But it should be noted: when the original interpretation of the illegal labor has two, namely the original and illegal derivative works in that part of the original. From the legislative purpose of copyright law, said that both copyright law should protect the best interests of the subject. It is not illegal derivative works based on Part of a blanket exclusion of one of the original protected by copyright, after all, it is original, but also has the highest value of copyright law, it would be regarded as completely protected by the copyright law is unreasonable.
 2, based on consideration of the interests of contrast, the law has a different value for the interests of the attention. Level of protection should be different. The protection efforts should be and it is legal to the value is directly proportional.
 Then consider the legal protection of illegal derivative works should be original works and it and They should be to determine the different degree of protection. The creation of original works based on the original work and contribution to human culture. Compared to the illegal derivative work and Therefore, for the protection of illegal derivative works should be located in the intensity of original works and 3, ZHOU protection of the rights-based considerations, protection of the rights the law should be circumspect, the law for the legal protection of the interests assigned should be circumspect in.
 In this introduction of a case, because the cases are more explicit commitment to the interests and the interests of those who contrast, which can better analyze the distribution of interests here is reasonable, for example: a writing a novel, studio B decided to adapt the novel into a film current law, the problem solved: adaptations of formal requirements prescribed by law. But suppose in the example adapted from the screenplay B B not become a screenplay adaptation of Some people may argue that point B can be obtained based on unjust enrichment of civil law protection, but I think this is unrealistic. Because of the current one of the elements of unjust enrichment is to have a party by a loss. Just think about the interpretation of the work itself is not illegal copyright protection, that is in the interests of illegal derivative works have not been recognized under copyright law,You are not allowed to view links. Register or Login, how can the interests of the losses? So that, for the interests of the protection of the rights or where a serious undistributed. Therefore, should be established for the protection of illegal derivative works.
 4, based on the interests of relativity. By law it is impossible for the interests of the absolute. Because interest is always relative. Illegal deduction based on the work itself has a certain So it is little compared to the protection of original works should not be equally well; and illegal deduction based on the work itself has some originality, use of illegal derivative works relative to its infringement of the interests (that is, illegal deduction against the interests of the infringer interests), it should be fully protected by law, because it has the original value.
 Notes:
 [1] [8] Zheng Chengsi. Intellectual Property Law [M]. Beijing: Law Press. 1997.402
 [2] Twentieth Century Music Corp.v.Aiken, 422 US 151,156 (1975)
 [3] HRRep.No.2222, 60, Cong., 2d Sess 7 (1909)
 [4] See the Trips Agreement, respectively, the preamble and Article 7
 [5] Harper Row, Publishers, Inc.v.Nation Enters., 471 US 539,558 (1985)
 [6] Xu Guodong. [7] Zheng Chengsi. IP Wencong (VI) [C]. Beijing: 2001.333
 [9] Austin. Limit the scope of jurisprudence (English). Cited Yan Cun-sheng. New History of Western Legal Thought [M]. West
 Safety: Shaanxi People's Education Press. 1989.203
 [10] Tian Shengli. Copyright refined analysis of difficult problems in China [M]. Wuhan: Huazhong University of Management in the Press. 1998.72.
Bei Zhou Peng Bao Chi