Is it an infringement to rewrite a literary work, and is it an infringement to adapt someone else s

You said that if the original author is gone, the invasion will also be invaded.

Don't go too far, or the original author's relatives will file a complaint under the relevant law.

In fact, it is nothing more than a spoof.

There are legal risks.

But do you think you might be as famous as "Stepless" and "Mantou"? Then you can be considered a successful stir-fry.

This kind of thing often goes unresolved.

But it will definitely be bombarded by the fans of the original author.

The so-called rewriting is a derivative work, which does not require the consent of the original copyright, but requires payment.

Of course, copyright has a term of protection!

It's good to know!

The author of the adapted work has independent copyright in the adapted work, but before adapting the work of others, the consent of the copyright owner of the original work shall be obtained and remuneration shall be paid to him, and the adapted work shall be indicated.

Article 10 Copyright includes the following personal rights and property rights:

5) The right to use and receive remuneration, that is, the right to use the work by means of reproduction, performance, exhibition, distribution, filming, television, video recording, adaptation, translation, annotation, etc.; and the right to license others to use the work in the manner described above and to receive remuneration for doing so.

Article 12: The copyright of a work produced by adapting, translating, annotating, or arranging an existing work is enjoyed by the person who adapted, translated, annotated, or arranged, but when exercising copyright, the copyright of the original work must not be infringed.

Adapting someone else's ** is not an infringement. The copyright of a work resulting from the adaptation of an existing work shall be enjoyed by the person who adapted, translated, annotated, or arranged, but the copyright of the original work shall not be infringed upon when exercising the copyright. The adaptor enjoys the copyright of the adapted work, but the exercise of the copyright is subject to certain restrictions, that is, the exercise of the copyright of the adapted work shall not infringe the copyright of the original work.

The adaptor only enjoys copyright in the negative sense of the adaptation, that is, the right to stop others from using the adapted work without permission, but does not enjoy the copyright in the positive sense, that is, it is not allowed to use the adapted work by itself or by others.

Copyright Law of the People's Republic of China

Article 13. The copyright of a work produced by adapting, translating, annotating, or arranging an existing work shall be enjoyed by the person who adapted, translated, annotated, or arranged, provided that the copyright of the original work shall not be infringed when exercising copyright. Article 14.

The copyright of a work created by two or more co-authors shall be jointly enjoyed by the co-authors. Those who do not participate in the creation cannot become co-authors.

The copyright of the collaborative work shall be exercised by the co-author through consensus; If there is no consensus and there is no justifiable reason, neither party shall prevent the other party from exercising other rights other than transferring or licensing the exclusive use or pledging of others, but the proceeds shall be reasonably distributed to all co-authors.

Where a collaborative work may be used separately, the authors may separately enjoy the copyright for the part of their respective creations, but the copyright of the collaborative work as a whole must not be infringed upon when exercising the copyright.

Adapting someone else's work is not necessarily infringing. If the adapted work is an intellectual achievement that is original and can be expressed in a certain form in the fields of literature, art and science, a new copyright will generally arise, and the adaptor enjoys the corresponding copyright within the scope of the adaptation. And the adaptor does not infringe the copyright of the original work when exercising the copyright.

[Legal basis].

Article 12 of the Copyright Law of the People's Republic of China, which came into effect on June 1, 2021.

The adaptor, translator, annotation, or arrangement of works produced by adapting, translating, annotating, or arranging existing works shall have the right to reverence the work, but the copyright of the original closed work shall not be infringed upon when exercising copyright.

Article 35.

Where a work resulting from the publication of an adaptation, translation, annotation, arrangement, or compilation of an existing work is published, permission shall be obtained from the copyright owner of the adaptation, translation, annotation, arrangement, or compilation of the work and remuneration shall be paid.

Article 37.

For the use of other people's works for performances, performers (actors, performance units) shall obtain permission from the copyright owner and pay remuneration. If a performance organizer organizes a performance, the organizer obtains permission from the copyright owner and pays remuneration.

The use of works resulting from the adaptation, translation, annotation, or arrangement of existing works for performance shall obtain permission from the copyright owner of the adaptation, translation, annotation, or arrangement of the work and the copyright owner of the original work, and remuneration shall be paid.

This question needs to be looked at in two parts. The Copyright Law stipulates that "the copyright of a work produced by adapting, translating, annotating, or arranging an existing work shall be enjoyed by the person who adapted, translated, annotated, or arranged, provided that the copyright of the original work shall not be infringed upon when exercising the copyright." ”

If the result of the modification is not much different from the original work, then the work does not have the originality of Qingchi, and the copyright still belongs to the original author, and the modifier cannot use it at will.

If Chun Li uses another person's work to modify it, a new work has been produced, and this new work is an adapted work, and the copyright of the adapted work belongs to the modifier. But despite this, you still can't use the adapted work without the consent of the original author, because the work also contains the original content of others, and casual use will infringe the copyright of the original author.

Legal analysis: Adapting other people's works and joining Xunbi does not necessarily infringe the legitimate rights of the original copyright owner. Adapted works, that is, works derived from the core of existing works through creative labor, the adaptor enjoys the copyright of the work that has collapsed after the adaptation.

Legal basis: Article 14 of the Copyright Law of the People's Republic of China Article 14 A compilation of a number of works, fragments of works, or data or other materials that do not constitute a work, and a work whose content is selected or arranged to reflect originality, is a compilation work, and its copyright is enjoyed by the compiler, but the copyright of the original work shall not be infringed when exercising the copyright.

Legal analysis: The adaptor enjoys the copyright of the adapted work, but the exercise of the copyright is subject to certain restrictions, that is, the exercise of the copyright of the adapted work shall not infringe the copyright of the original work. Specifically, the adaptor only enjoys the copyright in the negative sense of the adaptation, that is, the right to stop others from using the adapted work without permission, but does not enjoy the copyright in the positive sense, that is, he may not use the adapted work by himself or permit others to use it.

Legal basis: Copyright Law of the People's Republic of China Article 10 Article 2 The copyright of a work produced by adapting, translating, annotating, or arranging an existing work shall be enjoyed by the person who adapted, translated, annotated, or arranged, but the copyright of the original work shall not be infringed upon when exercising the copyright.

1. Adaptations are copyright infringements. If the registration conditions for copyright are met, the copyright of the work produced by the adaptation of an existing work shall be enjoyed by the adaptor, but the copyright of the original work shall not be infringed when exercising the copyright.

2. Copyright Law

Article 12: The copyright of a work produced by adapting, translating, annotating, or arranging an existing work is enjoyed by the person who adapted, translated, annotated, or arranged, but when exercising copyright, the copyright of the original work must not be infringed.

Article 11: Copyrights belong to the authors, except as otherwise provided in this Law.

The citizen who creates a positive work is the author.

A work that is presided over by a legal person or other organization, created on behalf of the will of the legal person or other organization, and is clearly traced and for which the legal person or other organization bears responsibility, is regarded as the author of the work by the legal person or other organization.

In the absence of proof to the contrary, the citizen, legal person or other organization that signed the work is the author.

1. What should I do after the adaptation constitutes infringement?

1) Publishing a work without the permission of the copyright owner;

2) Without the permission of the co-authors, publishing a work created in collaboration with others as a work created by oneself alone;

3) Signing the works of others without participating in the creation of works for the purpose of seeking personal fame and wealth;

4) Distorting or tampering with the works of others;

5) Plagiarizing the works of others;

6) Without the permission of the copyright owner, the work is used by means of exhibition, filming, or methods similar to filming, or the work is used by means such as adaptation, translation, or annotation, except as otherwise provided by this Law;

7) Failure to pay remuneration for the use of another person's work;

8) Leasing works or audio or video recordings without the permission of the copyright owner of a film work or a work created by a method similar to that of a film, computer software, or audio or video recording, or the rights holder related to copyright, except as otherwise provided in this Law;

9) Without the permission of the publisher, using the layout design of the books or periodicals they publish;

10) Without the performer's permission, live streaming or publicly transmitting their live performance, or recording their performance;

As long as the work is produced as a result of the adaptation, annotation, or translation, as long as the work meets the relevant requirements of statutory copyright, after the work is completed, regardless of whether or not a copyright registration request is filed with the relevant local authorities, the adaptor, annotator, or translator of the book enjoys the copyright.