The Comparison Of Construction Of Moral Rights Between China And The USA

It’s the symbol of legal system maturity when the study of law in details. The moral rights is very important in the copyright system. The different points of view of the moral rights decide the different policy of copyright. In this essay, we will discuss the differences of moral rights construction between China and USA to observe the different declinations of moral rights between the two giant nations. It can also help us to rethink about our nation’s copy right law:which kind of law system is matching with the international development? Whether the extreme one or the easy one? Or both not? Are the legislative mode of our nation’s copyright and the construction of moral rights suiting our national conditions? On earth which nation’s moral rights need to change or not?Depends on the tool and method of comparative law principal, we can observe the construction of moral rights in different ways, such as the history, principle of construction and the content of the moral rights between these two countries. Through the observing and comparing, we found that there are many differences in moral rights’ construction between China and USA:China has a positive attitude to receive moral rights, but USA would like to reject this, but she has to accept the moral rights because of many reasons. China has adopted standard of right and humanism, the USA adopted property standard utilitarianism. China protects wider and longer than the USA, and in transformation,the USA takes a looser attitude when China bans the transformation of moral rights.To explore the source of the differences of moral rights construction between the two nations, I think there’s a strong relationship about the history of legal and accumulation of culture, of course, it can also not be separated with the different modern culture sorts and the big gap of culture product between the two counties. We have a long history and have a lot of history culture works, so we choose the strict protection, and the USA chooses a easy protection because of the non-history in it’s culture.To sum up, I think neither China nor the USA can win the comparison in the moral rights. A country will choose the most favorable way to protect its copyright works to make the biggest interests in the international culture trade. We can change and choose the better moral rights construction only after the careful consideration of our culture history, modern culture works and the international culture works trade situation.