Work Personal Rights System

It is a indispensable and most theoretical problem to study moral rights of copyright, and there is obvious difference between copyright and other property rights. Nowadays with the developments of international economic relationship, many international conventions reach agreements on many regulations of moral rights of copyright. However, it is very disharmonious to protect moral rights of copyright among many countries, because the basic ideas and the way of protection of copyright in common law system countries which is typical of England and America is very different from civil law system countries, which is examples of Germany and France. Meanwhile with the development of high-technique, traditional moral rights of copyright impact and challenge strongly, so the development of whole information industry depends on the right legislation of solving problems of moral rights of copyright. Therefore, reflecting traditional nature of non-transfer, unable deprivation and permanent protection of moral rights of copyright, we must reconstruct institution of moral rights of copyright in network era.Fist of all, this paper induces and summarizes legislation situation and the developing tendency of the two law system by means of comparative study so as to explore a rational way to harmonize the difference between author's right of civil law system and it of common law system. Thus, we can establish a series of practicable institutions in two law system in order to promote identity of protection level of moral rights of copyright.Secondly, this paper points out a new-technique revolution ,it is the cause of reform of moral rights of copyright and it is necessary forthe development of digital network technique to establish a scientific system on moral rights of copyright's law. in addition, the principle of benefit balance is the base to establish institutions of moral rights of copyright. It means that the purpose of legislation is not only to protect author's right but also to promote developments of cultural occupation and we must protect system of moral rights of copyright and restrict it. The ideas of benefit balance of copyright moral right chase up a harmonic condition in which actually all kinds of benefit elements conflict each other, in brief, it is also a balance of author's interest and the public's interests. Law must seek for the best point of balance between the two kinds of benefits.Finally, this paper advances boldly the ideas to establish system of moral rights of copyright in digital network era. The ideas as follow: I. We must establish a transferring institution of moral rights of copyright in order to enlarge ranges of author's right, and to make authors deal with it freely according to their own intention, therefore they can enjoy interests of copyright fully. More, this paper points out the concrete advice about how to transfer right to publication, right to sigh one's name, right to modification and right to protect integration. II .We must regulate clearly a system of fair use on moral rights. This is to say, we must consider all kinds of elements such as the nature of the applied work, the use degree, the use purpose and the consequence., a flexible standard shall be adopted to decide the confine of the fair use privilege in moral rights of copyright so that the social public can fully share the benefits of information that can spread extensively on the condition of modern technology.