On Copyrighters' Moral Right Protection In Cyberspace

Moral right protection of copyright proprietors in cyberspace is an important theoretical research topic in international intellectual property profession. Owing to the conventional divergences and differences in copyright legislative philosophy, generally recognized and proper solutions have not come to light. In cyberspace, copyrighters' moral rights, for example, the right to claim authorship and the right of integrity etc., are confronted with serious challenges due to digital multipulability. It would bring about such a like-for-like consequences that all suffer if we eliminate copyrighters' moral right protection in cyberspace as some scholars have preached. Presumably, whether we can deal with moral rights properly or not is vital to the future information industry and knowledge-based economy as a whole. Enlightened by and based upon those above, the author exposes existing problems in moral right protection of copyright owners in considerable major copyright countries. Along with penetrating analyses of the peculiarities of digital technology and Internet technology of their own, the author raises some rational propositions hereinafter that the whole world should be integrated and coordinated, and that we had better offer proper protection to moral rights. As a result, many puzzles in jurisprudential circle will be clarified and settled. This is what the research subject is going to demonstrate: theoretical value and practical significance.This article is composed of three parts. In the first part, the author summarizes the contents and theoretical basis of copyrighters' moralrights, then illustrates current situation in moral right protection through concise introduction of the ongoing copyright execution in some major copyright countries, and poses the theoretical and practical challenges confronted by moral right protection of copyrighters in cyberspace. In the second part, the author expounds the justification and indispensability to establish and protect copyrighters' moral right in cyberspace from theoretical and economic perspectives. In the last and third part, the author puts forward some systematic proposals such as fair use, relinquishing moral rights finitely, and shift of right and the like, to ascertain the implementation of moral right protection of copyrighters in cyberspace.