Works Moral Rights Theory

The main body of this thesis is divided into four articles.The first one is general introduction to the theories and concepts of moral rights to works. The second one is on the value of moral rights to works. The third one is on the nature of moral rights to works while the last one is on the practice.The first article—the general introduction to moral right to works.This article will answer: what rights the moral rights to works specifically include?This article firstly interprets the connotations. Moral rights to works, According to various national legislation as well as the conventions of the world, include right to claim authorship, right to publish, right to the integrity of work, right of modification, and right of recall. In order not to create conceptual confusion, the article will name the above five rights as moral rights of works to make a distinction between it with author's honorary right, privacy right, freedom to create and other true moral rights.Secondly, the articles inspected the development trace of moral rights to works with historical research methods. The theory originated in France, after a gradual acceptance, it is recognized by the other countries of the civil legal system. All the countries protect the right to claim authorship, the right to publish and other moral rights to works by copyright law. But national legislations vary from country to country with Unitarianism and Dualism. Unitarianism, represented by Germany, advocating considering moral rights and property as an organic whole and they are indivisible; Dualism is represented by France, and it advocates that copyright are divided into moral rights andproperty rights and the protection are separated as well.