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Work Personal Rights System Research

Posted on:2012-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:T YuFull Text:PDF
GTID:2206330335457223Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As a special system in the copyright law, Moral right is established make the copyright law different from the property law or the contract law. Meanwhile the transferring possibility of the moral right then cause confusion whether the author's right is property right or moral right. Meanwhile the understanding and the protection of the moral right are greatly different in different time and nations, because moral right is an important link between works and writers and the Berne Convention has contained such provisions. It has become the general trend of the development of the copyright system of the world.The paper has seven parts:The first part compare the personal right and the moral right in copyright law. And both of them are concern personality interest, but the difference is apparently, and the reason is the special link between the author and their works.In the second part, Copyright in the continent law and Great Britain American and French department and international convention are different, and according to the special provisions of the different legal system, the principle and legislative technique are different.In the third part, the different between the property right and moral right in copyright law had been described.The forth part, the moral right in the copyright transaction, and the contradiction between the transferring needs and the moral right theory, and how to face the development of the copyright transaction, the copyright law shall make a positive response.Part five mainly explain impact and challenge that the system of right of the person of work received in digital cyber times. The main impact that technology bring to author's right and challenge that bring to public interests.In the sixth and seventh part, make conclusion of the main issues talked above, and try to find a possible development paths of copyright law.
Keywords/Search Tags:personal right, moral right, property right, transfer
PDF Full Text Request
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