Viewpoint analysis
Analysis I
First《 Berne Convention 》The provision of cannot be used as a reason. Drama works as a comprehensive artistic works Of course, the script is also a part of it. Therefore, the so-called "translated version" of a dramatic work actually refers to the translated version of a dramatic script. Similar to the script in the film works, the script in the drama works can also be used independently. The script of a film work, as a work used alone, naturally refers to a written work, and can also have its "translation", but it is not recognized that a film work is a film script. For example, Article 4 of the Regulations for the Implementation of the Copyright Law stipulates that a cinematographic work is "a work made on a certain material, consisting of a series of pictures with or without accompanying sound, and projected and played with the aid of appropriate devices." Obviously, it is not a screenplay. Similarly, a dramatic work should not refer to a dramatic script. Analysis II
Secondly, the stylization of drama does not support the view that "dramatic works are scripts". Because the stylization of drama does not oppose the creativity of performers (including drama directors, actors, etc.). Strictly speaking, the drama program mainly exists in the drama, and the program of the drama action originates from the dance of the life action, that is, the ordinary life action is turned into dance, and is rich in rhythm. It is a set of actions created when an actor starts to create a certain role. This set of actions was invented by this actor or some of these actors and applied to other plays by other actors, which gradually evolved into a "program" (Note: Zhang Geng: On the Art of Traditional Opera, China Drama Press, 1980 edition, page 120). Although there are professions and programs in drama, they cannot be completely constrained by them. All the professions and programs are just means of expression, and their purpose is to express the inner feelings of the characters... We must not use programs indiscriminately. We must use these things according to the needs of the actors who understand the characters, which is enough to "live", If we can really achieve this, the profession and the procedure cannot make the performing arts rigid (Note: Zhang Geng: On the Art of Traditional Opera, China Drama Press, 1980 edition, page 126). Drama performing artists and theorists also share the same view, that is, the program is a kind of performance means produced by highly processing life, and the program itself is a kind of creation. The application of the program should not start from the program, but from the reality of the stage performance, as a tool and means for performers to create roles in public on the stage. Just like the creation of written works, each language must have its relatively fixed rhetoric and grammar norms, but the fixity of rhetoric and grammar norms does not mean that the novels and essays created by writers according to this set of norms are not works. In fact, the opera program, like the grammatical norms, is both a means for creators to create and a tool for audiences (audience or readers) to understand the work. Without a relatively fixed set of opera programs, it will affect the communication and understanding between creators and audiences. In a word, the opera program is just a means for the opera performers to perform, and the creativity of the performers depends on their choice, arrangement, combination of the program, and the stage role images created by their own actions, language and expressions. Therefore, it is untenable to deny the creativity of performance on the ground of drama stylization, and then consider that a dramatic work is a script.
Analysis III
Thirdly, the third reason to think that a dramatic work is a script is that if "a whole play" is a dramatic work, then the performance is also a work, which is contrary to the differentiated provisions of copyright law on copyright and neighboring rights. Of course, according to the current legal provisions, the performer's right belongs to the neighboring right, which is different from the provisions of copyright. If we think that a dramatic work is not "a whole play", it seems to be consistent with the legal provisions. However, we believe that the performance of performers is also the creation of works, which is exactly what this article will discuss below.
