Analysis On The Right Of Authorship

The Copyright Law provided the right of authorship, it’s a kind of moral rightswhich is of great significance for author. The definition of the right of authorship inthe Copyright Law of the People’s Republic of China is relatively simple. Thus makesthe connotation of the right of authorship not easy to be understood, and often causemistakes as the infringement cannot be confirmed easily. This thesis selects severalreal cases involving the right of authorship and then expounds the relevant issues inthe form of case analysis.This paper consists of two sections.The first section of the paper is the preface, the author introduced the topic with acase happened in a French film.The second section is divided into five chapters.The first chapter discusses the subject of the right of authorship, start with twocases associated with the disputes on “Film Producer’s right of authorship”. Theauthor pointed out that the right of authorship is a kind of moral right, this right isentitled to author only. The “author” exactly refers to the individuals who havecontributed their intellectual effort into specific creative works. The “producer” is thelegal representative of Production Company, but he is not the author of thecinematographic works in accordance with the Copyright Law of the People’sRepublic of China, so he cannot enjoy the right of authorship.The second chapter analysis the object of the right of authorship based on three relevant cases. Firstly, the object of the right of authorship shall in accordance withthe relevant provisions in Copyright Law and the Regulation for the Implementationof the Copyright Law of the People’s Republic of China, meet the legal constitutiverequirements of work. Secondly, to claim the right of authorship, the author shall aimhis own works. The behavior of false attribution infringes the right of personal namein civil law.The third chapter illustrates the characteristic of deductive works, i.e. it containsthe intellectual effort of the original author and the author of the deductive works, thebasic expression of the original work can be seen in deductive works as well. So wecan infer that the author can also enjoy his right of authorship in deductive works.The fourth chapter demonstrates the content of the right, namely in which waythe author shall exercise his right of authorship. According to theories and the foreignlegislation, the author shall sign his real name, pen name, pseudonym or keepanonymous. Meanwhile, the signature on the work has an efficacy of presumption.In the last chapter the author summarized the whole article and drew a briefconclusion on understanding and applying the right of authorship correctly.