影视作品改编权与保护作品完整权的冲突与调适

The Conflict and Reconciliation between the Right of Adaptation and the Right to Protect the Integrity of the Work in Film and Television Works

影视作品保护作品完整权和改编权的冲突由来已久,其根本原因是改编权和保护作品完整权的权利范围界限不清。本文立足于当前的立法和影视改编现状,通过分析保护作品完整权和改编权的价值定位,综合考虑影视产业发展和改编作品的特点,认为影视作品改编保护作品完整权的侵权认定应当采用有损作者思想的判定标准。

The conflict between the right to protect the integrity of film and television works and the right to adapt them has a long history. The fundamental reason is that the scope of the right to adapt them is unclear. Based on the current legislation and the current situation of film and television adaptation, this article analyzes the value positioning of the right to protect the integrity of works and comprehensively considers the characteristics of the development of the film and television industry and the characteristics of adapted works, and believes that the determination of infringement of the right to protect the integrity of film and television works should adopt the judgment standard that damages the author’s thinking.