Is Mutilation Of The Original Work An Infringement Of Copyright?

This article proceed from the original nature of the work , in the second part analysis the typical cases about home and abroad, and proposes three questions: (1) define the standard of copyright infringement (2) the nature of the original damage (3) uniqueness of the original damage investigated when the liability method. In the third and fourth part discussed the three issues raised by the case , and finally reached a conclusion:First: To protect the copyright owner's interests, consider giving the original copyright owner the right to repurchase the same time, set the copyright registration system, all the works of art to be registered, all the registered work should not to be damaged.If, had to be destroyed, the property owner shall make reasonable notice of the obligation, as in what manner notice of the size of such obligations shall not be entitled to all the effort and so the original copyright owner and owners to contract agreements. When the only others of the original is damaged, need to consider the extent of the damage, the possibility of restoration, restored the ownership of copyright. Changes in the work itself is not the case of the use of the right of integrity to constitute infringement, it must be to the detriment of honor or reputation for the elements of the original damage to the general behavior of the changes did not constitute a copyright, then the only property rights are property rights tort context, does not involve copyright issues; in the work itself Has been altered circumstances, the title character of the dominant form of copyright. Infringement should be limited to the Department.Second: on the imputation method, found the piece was the only carrier in violation of copyright infringement of loss of accountability, the author believes should be case-specific analysis to the degree of fault as a standard, specific analysis of the parties the only carrier in the work leading to damage, loss in degree of fault, considering the type of work, work to re-create the possibility and difficulty level, the work expected benefits, the nature of violations of the spirit of the copyright owner hitting situation, for "Copyright Law" Article 48 of this article and the Supreme Court on the judicial interpretation of the spirit of damages to determine the amount of compensation.