Research On The Restrictive Legal System Of Moralright

Right protection and right limitation have been the eternal topic in the history of law. Moral rights plays an important role and occupies an important position in the entire copyright field. It plays an extremely important role in the protection of moral rights improving the creative enthusiasm and promoting the cultural development of social science and technology. But if the protection of moral rights was out of the optimal range,it may harm the interests of the public.Therefore, many countries have provided detailed principles to the limitation of moral rights.In our Copyright Law,most regulations of the restriction on moral rights are same as the Berne convention. Among all the regulations, the provisions of the moral rights and some restrictive clauses about it have formed a relatively complete system. There is balance between the protection about moral rights of author, maintaining the interests of communicators and public interest. However, it is not perfect in the aspect of the provisions of the moral rights. At the same time, this is not unfavorable for maintaining the balance of all parties and improving the regulations of Copyright Law.Base on this situation,firstly this paper introduces the moral rights legislation of our country, analyses related cases in the judicial practice, and finds out the conflict between the legislative and judicial requirements. And then analyses the existing rule of limitations on copyrights,discuss if these systems can be applied to Chinese limitations on moral rights. And then this paper introduces the existing rule of limitations on moral rights in the United States and Germany. Finally, through analyzing the rules and regulations about the restriction on moral rights in our country, and based on the foreign legislations, the specific suggestions are made on the necessity of consummating the regulations of the restriction on moral rights.