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Back短剧“洗稿”小说被判侵权,海南法院详解判定逻辑
短剧“洗稿”小说被判侵权,海南法院详解判定逻辑
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中国新闻网3 hours agoLaw6 min readChinaView translation

短剧“洗稿”小说被判侵权,海南法院详解判定逻辑

小说《皇叔》被指“借去”拍成短剧《王爷》,法院认定侵权并判赔

Quick Look

海南自由贸易港知识产权法院审结一宗网文改短剧著作权侵权案。热门小说《皇叔》被“洗稿”拍成短剧《王爷》,法院认定短剧在人物设定、情节及台词上构成实质性相似,侵犯了原告的改编权、摄制权及信息网络传播权,判决相关被告承担赔偿责任。

AI-generated summary

Why It Matters

网文改编短剧市场繁荣,但伴随出现未经授权的“洗稿”侵权现象。

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中新网海口10月13日电 (王晓斌 汪舟)找部热门小说,换个标题、改改人物名字、拼凑一些剧情,就拍成短剧上线——这种“洗稿”式改编,如今有了一个典型法院裁判案例。近日,海南自由贸易港知识产权法院审结一宗著作权侵权案件,小说《皇叔XXXX》(下称《皇叔》)被指“借去”拍成了短剧《王爷XXXX》(下称《王爷》)。法院认定短剧构成侵权,并详细阐释了判定逻辑。

法院审理查明,2024年2月,作者安某开始在七猫中文网首发连载小说《皇叔》,该作品在多个平台榜单排名靠前,阅读量巨大。七猫公司获得独占授权后,又授权点某公司将小说改编为短剧。2024年11月,一部名叫《王爷》的短剧在某平台上架。该剧在抖音端原生累计播放量达3596.6万,在快手热播数据累计播放量1304.2万。

七猫公司、点某公司认为,短剧《王爷》的人物设定、故事情节、台词表达等方面抄袭小说《皇叔》,遂将短剧出品方、传播平台方等九家公司诉至法院,索赔500万元。被告辩称,短剧《王爷》改编自另一部小说《玄门XXXX》,与小说《皇叔》不构成实质性相似;小说《皇叔》本身亦抄袭在先作品,不具有独创性。

海南自由贸易港知识产权法院经审理认为,经与被告主张的在先作品比对,小说《皇叔》也涉及女主穿越背景、男主命不久矣、女主救男主等人物设定和情节,但具体表达与在先作品明显不同。法院指出,思想层面的相似不属于著作权法所称的“实质性相似”,小说《皇叔》具有独创性,属于受著作权法保护的文字作品。

判断短剧《王爷》是否构成侵权,法院从三个层面认定:短剧的拍摄时间、创作完成日期、上线时间均晚于小说连载时间,被告有接触小说内容的可能;短剧与小说在人物设定、故事情节、台词表达等方面高度相似,具体台词、旁白、情节推进、重要角色设置及关系均能在小说中找到对应;被告称短剧改编自小说《玄门XXXX》,但短剧《王爷》与小说《皇叔》在表达层面的相似之处,却难以在小说《玄门XXXX》中找到。综上,法院认定短剧《王爷》的制作者未经许可使用小说《皇叔》,侵害了改编权、摄制权、信息网络传播权。

最终,法院根据不同被告侵害的具体权利类型确定赔偿数额。其中,实施改编、摄制行为的被告赔偿两原告10万元,实施信息网络传播行为的被告赔偿两原告35万元,部分运营平台对侵害信息网络传播权的行为,在1万元至18万元不等的范围内承担连带责任。

海南自由贸易港知识产权法院方面表示,本案是网络文学改编短剧领域著作权保护的典型案件,其核心意义在于明确“实质性相似”认定规则在短剧改编领域的适用。小说、短剧的情节选择、结构安排、情节推进设计,反映作者独特的选择、判断、取舍,构成受著作权法保护的表达。具体比对时,应考虑文学作品普遍的创作和表达方式、小说和短剧特点以及类型转化的必然要求,从多个维度由表及里逐步分析。(完)

Open Questions

  • 涉案被告后续是否会上诉?
  • 该案判决对同类短剧侵权纠纷的具体赔偿标准有何示范效应?

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