The prototype is dissatisfied with the role, how big is the right to adapt the works of real people and real stories

长沙桑拿洗浴休闲

The prototype is dissatisfied with the role, how big is the right to adapt the works of real people and real stories
There are more and more movies based on real people, but the disputes caused by it are also endless. The prototype of “Dear” is dissatisfied with the artistic shaping of the film. The character prototype of “The Irish” has recently appeared dissatisfied with Martin Scorsese.Adapted situation. >>> The character prototype of “Irish” is dissatisfied with the film adaptation, calling it a “fake movie”. In these incidents, some live prototypes are still alive, and some live prototypes have passed away. Are there different treatments for these different situations authorized by real people?Way?And, what are the restrictions on the adaptation of a film based on real people?If the live prototype is alive, if the live authorization is not obtained, the live prototype can be protected from the perspective of portrait rights. If the film adaptation has insults or serious distortions, the live prototype can also be protected from the perspective of reputation.However, if the real prototype has passed away, portrait right, as a kind of personality right, exists at the same time as the right holder and has strong personal dependence. Therefore, it is difficult to protect the rights of portraits after the death of the real prototype.However, in view of the insult or defamation of the real prototype, it will cause substantial spiritual harm to the close relatives of the real prototype.Therefore, the law clearly stipulates that the deceased ‘s right to reputation can be defended by close relatives.This is also the legal basis for the protection of rights by many descendants of real human prototypes.So, in order to avoid the recurrence of similar incidents, what aspects of such movies based on real people and real events need special attention?First of all, for a live prototype that has passed away, it is crucial to find the right to deal with the offspring, that is to say, it is necessary to figure out the identity of the offspring of the live prototype, and possibly other right to deal with authorized offspring, in order to avoid the appearance of a final riskThe descendants who came out said that they did not recognize the authorization of other descendants.Secondly, whether the adapted script requires future generations to consult or agree.This is also the case where there are many problems in practice, that is, the final version is far from the expectations of future generations, resulting in disputes.Therefore, it is necessary to make an agreement when the front end authorizes, who has the final decision power, and how much participation of future generations in the artistic creation.Finally, for production companies, the adaptation of real people and real things should pay attention to the grasp of “degree”.The ninth question of the “Supreme People’s Court’s Answers to Several Issues on the Trial of Honorary Cases” clearly states: “A literary work describing real people and insults, defamation, or disclosure of privacy to a particular person to damage its reputation shall be deemed asInfringe on the reputation of others. “Therefore, film and television production companies should pay attention to sorting out the deeds of real people in the process of adaptation to avoid excessive jokes or exaggeration.□ Li Zhenwu (Founder of Entertainment Law, Entertainment Lawyer) Editor of Sauna Night Net Wu Longzhen Proofreader Wei Zhuo