从著作权角度分析剽窃作品的演绎作品之正当性

Analyzing the Legitimacy of Plagiarized Works from the Perspective of Copyright

摘要: 随着互联网时代的到来，网络小说ip改编行业得到快速发展，同名电视剧或电影等作品作为网络小说改编权行使的产物，因网络小说多次陷入抄袭风波的事实而存在模糊性，学界对于剽窃作品、演绎作品相关方面均作出过讨论。目前学界基本上都在研究剽窃作品或演绎作品侵权问题，并没有研究过剽窃作品的演绎作品著作权问题。剽窃作品当然不受著作权法保护，却存在本不应被行使的“改编权”并产生相关演绎作品。剽窃者在已知作品抄袭不受著作权保护的情况下仍然行使“著作财产权”对改编者是否应当承担一定责任。本文基于以上问题从著作权法视角围绕剽窃作品之演绎作品展开讨论。

Abstract: With the advent of the Internet era, ip adaptations of online novels have been developing rapidly, and works such as TV series or movies of the same name are adapted as online novels. The product of the exercise of editorial rights is ambiguous due to the fact that online novels have repeatedly fallen into plagiarism storms, and the academic community is interested in plagiarizing works and interpreting works. Discussions have taken place. At present, the academic circles are basically studying the problem of plagiarized works or infringement of deductive works, and have not studied the problem of copyright of deductive works of plagiarized works. Of course, plagiarized works are not protected by the copyright law, but there is a “right of adaptation” that should not be exercised and the related interpreted works are produced. Should the plagiarist be liable to the adaptor for exercising his “copyright” even though he knows that the plagiarized work is not protected by copyright? Based on the above issues, this article discusses the issue of the derivative works of plagiarized works from the perspective of copyright law.