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On The Research Of The Protection System Of The Moral Rights

Posted on:2014-01-27Degree:MasterType:Thesis
Country:ChinaCandidate:J B ZhaoFull Text:PDF
GTID:2246330398977564Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The moral rights are not only the important elements of the copyright, but also the fundamental right for the author. Providing protection for the moral rights is not only conducive to improve the copyright protection system, but also helping to promote the healthy development of the copyright. However, the current copyright system lacks the basic designation that could effectively regulate the moral rights. Seen from this viewpoint, the study of the moral rights must have an important theoretical and practical significance for the development of the copyright system.A variety of research methods will be used in this paper, including the combination of the theoretical and applied research. Apart from the introduction and the conclusion, this paper is divided into five parts. The first part is to analyses the rationality of the existence of moral rights system. The second part is to explore the tradability of the moral rights. The third part is to discuss the utilized disorder caused by the non-tradable of the moral rights to the copyright. The fourth part is to sort out the defects of the prevailing moral rights protection system. The fifth part is about the composition of the moral rights protection system.The first part is about the rationality of the existence of moral rights. Based on different value, there is a big difference in the concept of the moral rights in the two legal systems:it is the tradition of the Anglo-American system that excluding the moral rights outside the copyright regime. While the civil law system sees the moral rights as the basic institution of the copyright. It should be said that the moral rights system has two functions as follows:respecting the rights holders personal interests; preserving the basic human rights of the society.The second part is about the contention of the trading of the moral rights. Traditional copyright theory thinks that the moral rights have the quality of non-tradable, and it can’t be seen as the trading objection. However, with the development of economic and technology, more and more people holds that it should be encouraged to trade the moral rights in order to improve the utilization ratio of the copyright. The legitimacy of the non-tradable of the moral rights can be reasonably explained in two aspects as follows:protecting the authors personal interests, and maintaining the social and public interests.The third part is about the discussion of the problems caused by the non-tradable of the moral rights. It will bring a big barrier for the utilization of the copyright if the moral rights can’t be traded. The conflict between the moral rights and the economic rights on the works has seriously impeded the normal use of the copyright. So, necessary restrictions must be imposed on the moral rights. The fair use rules is an available choice to limiting the moral rights system, while the basic requirement for the fair use rules is that it must not endanger the author’s reputation and prestige if we have to use the author’s moral rights.The fourth part is on the defects of the current moral rights protection system. There are some drawbacks existing in the prevailing moral rights system. In the first place, it lacks the designation for the protection of the recovery rights in the present copyright system; In the second place, it lacks the basic regulation for the compensation system for the spiritual damage to the moral rights; The last but not the least, the recognized standard of the moral rights infringement is very vague, and we have not established the moral rights infringement imputable principle.The fifth part is on how to construct the moral rights protection system. Measures can be taken from these aspects:firstly, we should set up the recovery rights system; secondly, we should establish the moral rights damage compensation system; in the last, we should make clear and definite the recognized standard of the moral rights infringement.
Keywords/Search Tags:Moral rights, Protection, Trading, Compensation for moral damages
PDF Full Text Request
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