Study On The German Copyright Law And The Relevant Law, The Regulation On The Works Of Destruction

The carrier works the owner of the works without the original copy of the destruction of nature in China and abroad theorists are in dispute. The focus of the two sides discussed: whether the damage to the copyright works of destruction? If the violation of copyright, you should reference the provisions of the Copyright Law which of the acts to regulate? On the works of destruction from the source of the problem, and thinks that the issue of copyright and property arising from the conflict. The object of the copyright works of the intangible nature of copyright is the copyright of the contents of the ontology with the dual personality and property attributes, and therefore the carrier works with the spiritual interests of the attributes of personality. But the carrier's ownership of the work and copyright holder is not the same in many cases, the main body. At this time for their exercise of rights conflict occurs.Works as a carrier material, the ownership of its property under the Property Law provides for punishment of the carrier in accordance with their wishes, including the works of the destruction carrier. However, if the carrier is a work of original works and unique, the property owners it will directly effect the destruction of the copyright of the realization of the moral interests of the injured.Regulation of the behavior of German and Swiss copyright law provides us to solve the problem of reference. From the legislative level, the Swiss Copyright Act defines the owner of the work carrier has not destroyed the original copy of the work restrictions, and specified that the owner works carrier before the destruction of works should be available to work on the rights of recovery or the author provide the necessary time to copy their works. German copyright law works, although not specifically adjust the terms of the destruction, but in judicial practice to give the judge sufficient discretion. Point of view from the existing case in the German copyright law judges are accustomed to Article 14 (Protection of the right of integrity) in the context of the destruction of works of cases for case analysis and balance of interests in order to resolve the conflict between the two rights.German theorists and the judiciary should be reached despite the destruction of works under the framework of copyright law in the case of the use and benefits of a balanced solution to the conflict of two rights consensus, but the terms should be used for judgments differ. Most scholars believe that the interests of protection should be invoked on the basis of the spirit, and made in Germany, the copyright clause 11 (a move content copyright provisions) of the rights of the context of the two to resolve the conflict. I agree with this view and that the destruction of works of copyright law does not belong to the adjustment of the scope of Article 14, does not touch on moral rights and touched on the spirit of the work in the interests of preservation.