Research On Right Of Publication

In article10of the Copyright Law of the People’s Republic of China, it confirms16kinds of moral rights and property rights of an author, and right of publication is one of them. It is under protection as a paramount right of various copyrights, and in the whole copyright system it occupies an important position. After the completion of the work, if the author doesn’t perform his right of publication, then other moral rights and economic rights can’t be performed. Currently, there are many countries protecting the right of publication, which includes taking the right of publication concept into relevant legal provisions and offering protection for related cases in juridical practice.With the rapid social development, right of publication as a basic right of the author has suffered impacts from social reality and emerged concrete problems. Hence, in today’s society it is of great significance to pay more attention to the right of publication system. However, the research about the right of publication in our country is still immature. We should learn lessons from other country to perfect our system and to make it more reasonable, thus to give proper protection to the right of publication. It is not only for ensuring the author’s personal interests, but also the protection of property right. Generally speaking, the protection of the right of publication can enhance international culture communication.This paper chooses right of publication as research subject, based on various countries’ legislations and practice, to study and discuss its basic theory, legal protection and several particular problems.The paper is divided into three parts.Chapter one mainly explains the basic theory about right of publication. From its emergence and history, this part returns to the earliest form---right of publication on concept. Furthermore, it introduces its concept, nature, characteristics and comparison to the related concepts, so as to lay a solid foundation for the following text.Chapter two conducts a comparative analysis about right of publication system. Firstly, it introduces Berne Convention and Universal Copyright Convention’s attitude on right of publication. Then it gives a brief introduction about Anglo-American law system and continental law system’s attitude on right of publication. Finally, it gives an evaluation and analysis about right of publication system abroad, hoping that it can provide some reference for improving our country’s right of publication system.Chapter three discusses the development and improvement of our country’s right of publication system. Firstly, it discusses the right of publication in our country’s Copyright Law, and describes the current situations for protecting right of publication in our country. Then, aiming at the hot issues, such as network publication right, private letters’publication right, and the works of decedent’s publication right, the author respectively introduces and analyzes them, and gives legislative proposals for these practical problems.