影视改编中保护作品完整权与改编权的冲突与化解
The Conflict and Resolution between the Right of Integrity and the Right of Adaptation in the Adaptation of Audiovisual Works

在我国著作权法二元论的法律体系下，保护作品完整权与改编权的差异天然存在。而在影视改编中，因为存在文字作品和视听作品表现形式不同、影视行业监管等特殊因素，进一步诱发了两种权利之间的冲突。在已经取得改编权的前提下，权利冲突的根源在于著作权法对保护作品完整权的侵权行为方式等规定较为模糊，进而导致保护作品完整权的内涵与外延尚未形成统一认识，为实践带来了诸多困扰。通过对保护作品完整权的概念辨析和历史追溯，明确应以“思想标准”作为侵权行为的认定标准。在此基础上，针对实践中出现的冲突问题，提出遵循必要改动原则、客观主义原则与利益平衡原则的建议。
Under the dualistic legal system of China’s copyright law, there is a natural difference between the right of integrity and the right of adaptation naturally exists. In film and television adaptations, the conflict between the two rights is further induced by the different presentation forms of written and audiovisual works, industry supervision and other special factors. On the premise that the right of adaptation has been acquired, the root of the conflict of rights lies in the vague provisions of copyright law on the tort of the right of integrity, which in turn leads to the fact that its connotation and extension have not yet formed a unified understanding, bringing a lot of troubles to the practice. Through the conceptual analysis and historical tracing of the right to protect the integrity of works, it is clear that the “integrity of work” should be used as the standard for determining its infringement. On this basis, this paper proposes to follow the principles of necessary changes, objectivism and balance of interests in response to the conflicting issues that arise in practice.