A Research On Infringement Of The Right Of Integrity

The right of integrity is one of the two moral rights stipulated by BerneConvention, it’s also a important exclusive right that generally written in copyrightlaw of various countries. According to the article ten of Chinese Copyright Law, theright of integrity means the right to protect one’s work against distortion andmutilation. Concerning the form of infringement of the right of integrity, BerneConvention and many other countries’ laws stipulated that it must be “prejudicial tothe author’s honor or reputation” as a precondition, however, it is not explicitlystipulated in Chinese Copyright Law and its regulation on the implementation.Concerning that whether “prejudicial to the author’s honor or reputation” should betaken as a precondition of infringement of the right of integrity according to ChineseCopyright Law, we found different points of view in theoretical circles, and variouscontradictory judgments in juridical practice. In view of the above, this thesis attemptto put forward a relatively correct criterion for judging infringement, from thehistorical development of the right of integrity, and focusing on the form ofinfringement of the right of integrity, by which I hope can improve the theory of theright of integrity in our country.The main part of this thesis is divided in four chapters. Chapter one begins withthe origin of the right of integrity in France through historical analysis andcomparative analysis, and then introduces the establishment of the right of integrity inBerne Convention and other countries’ laws, reaching a conclusion that the purpose ofthe stipulation of “prejudicial to the author’s honor or reputation” is to weaken the protection of the right of integrity and strengthening its protection is the futuredirection of development of the right of integrity. Chapter two is the core part of thisthesis. This chapter begins with the meaning of “distortion, mutilation” and thecontradiction criteria for judging infringement in juridical practice of our country,denies the criterion of “prejudicial to the author’s honor or reputation” with theperspective of historical analysis and theoretical analysis; and then put forward thecriterion of “prejudicial to the idea of the work” with the revelation of the Huston casein France, the rationality of which has been proofed in both positive and negativeaspects; ends with the analysis the feasibility of acknowledging the criterion of“prejudicial to the idea of the work” in the legislation of our country. Chapter threefocuses on the restrictions on the right of integrity. Firstly, this chapter introduces thetheoretical basic of the restrictions on the right of integrity——the theory of“balance of interests”, and the specific applications of this theory in various countries’legislations; secondly, this chapter proves that we should learn experience fromcountries above; finally, it analyzes “parody” and derivation specifically. Chapter fourgathers the legislative proposals of this thesis combined with relevant provisions ofthe right of integrity in our country. Besides the proposals concerning judgment ofinfringement and restrictions on the right that have been discussed specifically in thechapter two and three, this chapter put forward another two proposals. One is to makea clear distinctions between the right of alteration and the right of integrity accordingto the theory of “prejudicial to the idea of the work”; another one is to stipulate thatimproper use of works also infringe the right of integrity.