Legal Study On The Issue Of Transferability Of The Moral Rights Of The Work

In the age of information, Intellectual property rights have become more and moreimportant, among which copyright is one of the most complex branches. Copyrightdispute takes about65%of intellectual property rights’ cases in judicial practice. Inaddition, the number of cases related to the moral rights of the work has become largerand larger, as well as the number of categories. And among them People concern muchabout the transferability of the moral rights.The moral rights of the work are special kinds of civil rights on theory. Beingsimilar to intellectual property, it contains two categories of properties. On the one hand,it related to the author’s personality interests, which means personal property. On theother hand, the object of the moral rights of the work is not the personality but the work,which means property interests.Based on the two properties of the moral rights of the work (personal property,property interests), we can get the first conclusion that the moral rights of the work aretransferable. They should be allowed to transfer within a certain range. In theinstitutional level, the problem can be divided into two aspects. On the one hand, fromthe cosmos level any rights reflect the cosmos of the society, the process of exercisingrights must obey the order of the society. Being different from the ordinary civil rights,the moral rights of the work refers more about the culture and morality, for example, thescholarly works. As a result, theoretically, we can get the second conclusion, althoughthe moral rights of the work are transferable, it should be strictly limited. And as a resultthe non-transferable of the moral rights of the work should be regarded as a principle,and as for the transferable cases, which are not violate public order principle of goodmorals, should be taken as exception in judicial practice. On the other hand,from the normative level, the effectiveness, stability, and operability of the norm shouldbe concerned. Specifically, the author gives examples in both special species and specialenvironment. Based on the theoretical analysis, institutional analysis and empiricalanalysis, the author gives three kinds of system vision hoping that the system of themoral rights of the work being improved.