| Authorship, which indicates authorship, signed on in the works right. Works as a mental creation, the work not only reflects the value of their property, but it also reflects the author’s personality, is part of human character. Make a mark in the works to that name, author name, said only through the exercise of the rights to show their authorship. Authorship of works is a central part of moral rights, is an important personal right of the author, is a basic right in copyright. In the copyright dispute, many cases involve the right of authorship, therefore, a correct understanding of authorship and in-depth understanding of copyright protection is of great significance.Introduction and conclusions, including a total of six parts in full text.Introduction described some of the major topics of background, values, research methods and research objects and related concepts are identified and described.The first part discusses the major works of authorship of the concept, history and comparative studies. First, by defining the concept of works of authorship, authorship clarify the positive power and negative power, which the author works on the Department the right to decide on their own real name, pen name, pseudonym or anonymously Department;the right to prohibit the author did not participate in creative work people signed. Then, An Analysis of the origin of the right of authorship, a comparative analysis of civil law and common law evolution. Finally, a comparative analysis above is to explain the international protection of the status and problems of the right of authorship.The second part analyzes the nature and value of works of authorship. The part starting from the nature of authorship, moral rights were elaborated on this attribute of personal rights, property attributes. Meanwhile, the value of works of authorship-depth analysis, cultural value and economic value of the two angles were compared to detailed study. I believe that works of authorship as an important component of personal rights, not only has the right personality and identity properties, and also to some extent with the work function value of an integral identity. On the part of the value, the value of the authorship of the cultural value and economic value analysis, displaying the authorship of the essence and significance.The third part of the first and second part of the definition of the concept of works of authorship and the nature, value analysis, based on the lists of authorship in the exercise of some of the issues. First of all, explain some of the transfer and inheritance in the authorship question of authorship of the nature of the personal rights of its features with non-transferable. Secondly, Analysis of "false" nature of the act, I believe that to take someone else’s name to be false is a violation of human authorship. Finally, to explore the works of authorship network environment, the rapid development of Internet, works of authorship has brought new challenges.The fourth part of the main contents is the legal regulation of authorship. On the one hand, expounded China’s relevant works of authorship of the law, and then discusses the civil works of authorship, including the principle of attribution, constituent elements and the identification of violations. The author believes that the principle of authorship should be subject to the rules of tort principle of fault liability, as long as the actors do a reasonable duty of care to, it should not be subject to liability. On the other hand, according to the article on the part of the issues discussed, the standards listed in the proper exercise of the right of authorship, and to explore the behavior of the legitimate exercise of the right of authorship restrictions.Conclusion have been summarized and finishing of the full text of the body of the main ideas, key issues involved have been summarized and concluded. |
