The Study On The Right Of Integrity

According to Copyright Law of the People’s Republic of China,the right ofintegrity means protecting works from distortion. It’s one of the most importantpersonality right. What is the distinction between the right of integrity and otherrights of copyright? Does it have indepent value? Is it necessary to limit theright? These problems have had a huge controversy in scientific theory and reallife.In2005A Case Cause By a Bun(hereinafter referred to as" a Bun ") isreally a stone arousing the thousand layer of the wave. Does the parody worksviolate the right of integrity? Is the parody works applicable to the currentsystem for the fair use?All these questions not only affect the scope of rights incopyright law,but also affect the destiny of parody works in oliterary andartistic creation.This paper is divided into six parts,The first part discusses the historicalevolution of the right of integrity.The author respectively discusses the system of continental law system and common law in conjunction with actual cases.The second part of the paper is to illustrate the right of integrity.In thispart，the author analyse the basic theory of right of integrity.The conception ofright of integrity is firstly discussed. Secondly, the author focuses on thedistinction between the right of integrity and the right of alternation. Onlyaltering works to the extent of damaging author’s reputation may violation of theright. Lastly, when the right of integrity conflicts with the right of adaptation,we should be allow to modify works based on the honest credit principle.In the third part, the author discusses the transfer and fair use of theintegrity right. Traditionally, personality right can’t be transferred. When thetraditional theory encountered some problems, we have to make some changefor this syetem. If the transformation does not affect the social ideologicalsystem, it should be allowed. At the same time,whether the fair use of integrityright is necessary or not is alsodiscussed in this paper.The fourth part, the author illustrates the difference between the provisionsof right of integrity in different countries. The author respectively describes the provisions in Japan, Germany and Taiwan area of our country.The fifth part, the author discusses the judgment criteria of the integrityright infringement. Infringement not only have the behavior of modification, butalso harm the author’s reputation. Combined with the practice, the authoranalysis The Bun and consider that it is a legal work.As a way of expression,parody is helpful to realize the freedom speech. In the copyright sector,parody is considered a kind of fair use is helpful for encouraging creation.In the lastly part, the author explores the reconstruction of right ofintegrity. As to the judgement criteria of the infringement the right ofintegrity,the author puts forward a relatively comprehensive standard.At thesame time, the author clarifies the distinction between the integrity right and theright of alternation and comes up with some suggestions which can prefect thelegal system.To encourage creation, parody should be provided directly in ourcopyright law.