经由小说作者许可使用而改编和摄制电影本是二度创作新作品的过程,受到我国著作权法保护。然而,我国内地影视改编交易的混乱,导致常常出现多个影视公司针对同一作品主张版权的现象。本文通过对顾漫的小说《何以笙箫默》的电影版权之争进行分析,阐述影视公司抢先备案与第三方版权交易受妨碍的困境的解决方法。 The adaptation and filming of this book by permission of the author of this novel is the process of creating new works for the second time and is protected by the Copyright Law of our country. However, the chaos in China’s film and TV adaptation transaction has led to the frequent phenomenon of multiple film and television companies claiming copyright for the same work. This article analyzes the dispute over the copyright of movies in Gu Man’s novel “Why Shensong Sommer”, elaborates on how to resolve the predicament of movie and TV companies in preemptive filing and third-party copyright transactions.