Reorganization Work In Times Of Hardship, Personal Rights System

Reasons analysis of the article:moral right is a problem that is easily neglected. Comparing it with the copyright it is seldom concerned. But with the contradiction between it and the copyright law's value orientations it becomes a hot topic. The reason that the author select the proposition is that as the particular system from its resource and form moral right has many relations with copyright system. As the same time we may grasp copyright law's value orientations.Moral tight and any problem in copyright law, such as subject of rights, object of rights, restriction and propection has relations with moral right. We can consider moral right play a important role in the construction of copyright system.Moral right may help us understand the whole copyright system.as a result the author select moral right as the proposition.The construction of this article : there are four sections, the first section demonstrates the crises of moral right.The second section discusses the fair aspects of moral right .At the last of the second section the author analysizes the two opions and consider the essence of problem, that is,the difference is not whether to protect the moral right but how to protect. So the author provide the law model, that is, unified protection model. In the third and forth section the author put the focus on the contract permission and fair use to moral right . Inside contracts of unified law model lies that since the law contains copyright and moral right how untransfering of moral right fits the transfering of copyright. Therefore the anthor tries to make the contract permission and law regulation (fair use )realize the balance of rights and responsibilities..In the modern time many government all express the concern on the moral right in their authoritative paper, such as the USA's white paper. The value orientations of copyright law remain but the changes in the society make the moral right unsuitable. Moral rightsface two crises: economy and technology. The first section of this aricle demonstrate the crises from 5 aspects, that is, construction of system, the historic resource, practical economy, practical technology and the harmonization of copyright's theory.Moral right's construction of system has some difficulties.Modern esthetics and philosopphy differ with those in 19 century . The foundation of moral rights has changed. Market trade freedom and network technology also challenge the moral right. The dual ism of idea-expression constracts with moral right.Therefore the second section of this article defends the moral right.Moral right contain the copyright law's goals.It promote the diversity of culture. Moral right is not a result from law regulation but a national right. The difference about moral right between the two systems is a result that different nations select their culture policy. At last the author anlaysized the essence of the dispute and consider the difference of the two opinions is not the problem whether we should protect moral right but how to protect. By analysizing the advangtage and disadvantage of the difference law systems demonstrate protection of moral right still remains the traditional unified protection model.By the protection model we should adjust the related problems. The third section of this article discusses the belonging of moral right and transfering problem, provide that law regulation and contract permission of moral right will defend the harmonization of theory and clear away the blocks of trade freedom from moral right.The forth section of this article discusses the restriction to moral right. The author demonstrate the problem from 5 aspects, that is, the pricinple of right use, right time limit, circulation of works, discuss the theory about moral right's exhaustion,and put the important point on the fair use of moral right. The author analysize the possibility , compare with related systems and provide some elements that identify fair use of moral right.