ARTICLE
12 April 2017

Cross-Carrier Adaptation Q&A

WB
Watson & Band Law Offices
Contributor
Watson & Band Law Offices
The right of adaptation refers to the right to alter a work to create a new original work.
China Intellectual Property
To print this article, all you need is to be registered or login on Mondaq.com.

The right of adaptation refers to the right to alter a work to create a new original work.

There are many differences among verbal works, films and TV programs, stage plays and video games in terms of form of expression and inherent features. Take gaming, for example. The features of computer games include abundant dynamic images, rapid frame switching and few verbal descriptions. Character names, character relationships and specific names are the elements that most frequently appear in a game, while the plot is only manifested in a fragmented way designed to link various scenarios.

It can be seen that the most important factor in determining if a cross-carrier adaptation infringes the copyright of a verbal work is that elements of the verbal work such as character names, character relationships, names of martial arts and individual scenarios are protected under the Copyright Law.

Separately, elements such as character names and relationships in a verbal work apparently do not fall within the scope of protection of the Copyright Law. Nevertheless, if they, together with plot of the work, are sophisticated enough and are likely to cause constitute substantial similarity, these elements would still enjoy protection under the Copyright Law.

(Source: Why it is Essential to Respect the IPR of an Original Work Using the Example Case of the Video Game "Six Branches Episode 1": Be Prudent When Adapting Verbal Works into Games by Ye Peili)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
12 April 2017

Cross-Carrier Adaptation Q&A

China Intellectual Property
Contributor
Watson & Band Law Offices
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More