The Study Of Protecting The Late Authors’ Personal Right Of Copyright

Although one pursues property values while the other pursues character values, both common law system and civil law system pay more attention to the the personal right of copyright and its legislation. Indeed, it is more complicated to protect the personal right of copyright than the property right of copyright because it cares about authors’ mental rights, personal interests and reflects authors’ thoughts and feelings, personality and will. Besides, it takes the responsibility of protecting authors’ interests and promoting the development of culture.There are systematic research on the protection of the living authors’ personal right of copyright in the academic field but less on the late authors’. I consider that it has theoretical value and practical significance to protect the late authors’ personal right of copyright. I put forward some views on the problem of protecting the late authors’ personal right of copyright through this article and i hope it can be effective.The article is divided into four parts except the preface and conclusion.The first part talks about the concept of the personal right of copyright. It concludes that the personal right of copyright is a special kind of identity right instead of the civil general personality right through discussing the nature of the personal right of copyright by comparing the general personality right with the identity right.The second part talks about the reason of protecting late authors’ personal right of copyright and the rights belonging. The reason why we protect late authors’ personal right of copyright is that it can break the barrier of capacity for civil rights, it doesn’t wipe out with authors’ death and the protection of it also has great social significance. By talking about the rights belonging, we conclude that we can only protect the personal right of copyright instead of inheriting it.The third part talks about the rights wielding of late authors’ personal right of copyright. It includes the right of publication, the right of authorship and protection of the right of integrity.The forth part talks about the civil protection issues of late authors’ personal right of copyright. It focuses on the applicability of behaviors attachment prior to lawsuit, anti-infringing, apologizing and mental damage compensating on protecting late authors’ personal right of copyright.