二次创作,又称为再创作、派生作品,制作作品称为第二创作(或再创作、派生作品)。第二次创作往往指同一文化中的戏仿和再创造,但由于它在版权法的概念中并不常见。其实质性报道难以确定。有人认为它还包括翻译、改编等现有作物的文字、图像、电影、音乐,这与著作权法上的衍生作品类似。
第二创作包括模仿、改编、参考和发挥等创作方式。第二创造不是抄袭别人的作品当作自己的工作;相反,第二创作显然是在工作/项目/角色适应的关键,模仿或发展。它指和改变手段明显。
然而,法律第二次创作仍可能侵犯他人的著作权,无论相关法律是否合理,还是原作者、著作权人或者著作权管理机构有不同意见,仍存在争议。
1. Introduction 简介
Secondary creation, also known as re-creation, derivative works, produced works known as the second creation (or re-creation, derivative works). The second creation often refers to parody and re-creation in the same culture, but because it is not commonly used in the concept of copyright law. Its substantive coverage is difficult to determine. Some people think it also includes translation, adaptation and other existing crops Text, images, films, music, and this is similar to the derivative works on copyright law.
The second creation includes imitation, adaptation, reference and play, such as creative mode. The second creation is not to plagiarize someone else's work as their own work; the contrary, the second creation is clearly in a work / project / role as the key to adapt, imitate or be developed. It refers to and change means obviously.
However, the second creation in the law still may infringe the copyright of others, whether the relevant laws are reasonable, or the original author and copyright holders or copyright management agencies have different views which are still in dispute.
Based on the explosion of information in this modern age, which result in the disintegration of the past information, system. And which contributed to both the commercial works, or human, personal works, are full of secondary creation in this situation. Secondary creation of the media can be animation, drama, drama, Cosplay, movies, television programs, novels or many other different media. In this article, we will discuss “Internet Article 23” re-creation clip in YOUTUBE for the Hong Kong network (Awakening Dubbing, 2015). But also the impact of social networking site YOUTUBE.
2. Context: resistance to the cyber law in Hong Kong 背景:在香港的网络抗法
Corresponding to the quickly changed network technology, Hong Kong Special District Government (HKSAR) submitted copyright amendment bill that put forward to stipulate “rights of communication”, so as to replace the old “broadcast and cable transmission rights” . Because it happened to be the time of HKSAR Chief Executive Election, after the spread by politicians and medias, the discussion was focused on “parody work” and risks it bears under the law, and further linked to issues such as freedom of speech, the political crackdown, and so on. Parodies come out from original work, which is not the concept under copyright law, but parody works, satire, and other types of work named by media and public. Hitler Rants is a generic term of many parodies work which used the footage of movie Downfall (2004) by net users; it is also used to wreak the dissatisfaction with some phenomena or characters. Since the Downfall was released, there were more than 15,000 parodies videos of Hitler Rants in Youtube.
Other materials used as the original work to parody the Hitler Rants are documentary “Triumph of the Will” (1935), Valkyrie (2007) and other movies. Clips of lots of films are used as these kinds of materials, such as Dear Friend Hitler, Hitler: The Last Ten Days and Inglourious Basterds. Some other films or other footage, which have nothing to do with Downfall, or whose subject has little connection with the subject matter of Downfall, are also juxtaposed for fun. Besides, the characters, settings, as well as other films actors who have starred in, are also juxtaposed for humorous effect. Parody work makes use of special effects of films, or is along with computer-generated imagery, starts to become popular among fans, net users, and attracts attentions of ordinary public. There are different ways to make parody work, it can be superimposing the characters’ heads on footage of other films, or rotoscoping scenes of this