Study On Letters Works Moral Rights Issue

Today’s work is based on the wisdom of our predecessors, and to developcreative, letters are no exception, especially famous celebrities letters, not only haspractical value, but also has artistic value. To promote the development of culture,indeed to encourage the creation and protection of the rights necessary, copyrightlaw is to encourage works to promote cultural development have been made. In thecopyright protection among the moral rights of its foundation, but in our country, andthere is no moral rights to an overall concept and independent legal provisionsappear, thus causing more problems, especially for this particular letter work, notonly to take care of the interests of the copyright owner’s personality, to give authorsexclusive rights in order to encourage its creation, it is also the need to balance thepublic interest. The main contents of this paper is to protect the interests of theauthor’s personality, especially in this particular correspondence among the works.Based on experts moral rights of research results and to other countries in theregion draw relevant legislation, intended to be a wide spread of domestic "Qianauction dispute letters" for example, the issue of moral rights system, and putforward the following opinions:First, moral rights have the right personality characteristics different from thegeneral civil law, with relative independence and legal value, it should beindependent. About establish moral rights, not only should be widely discussed inacademic circles, and should be reflected in the legislative and judicial activities. Moral rights belong to the category of personal rights, but it is the right personalityand identity with ordinary big difference right there, should belong to an independentpersonal rights and general personality rights and the right to identity tied.Second, letters and other works have different characteristics, it is not onlybelong to written works, but for some celebrity letters, but also has artistic value,both the nature of the works of art, so the protection of moral rights to it, and notonly to the conflict between the various rights, such as rights of privacy published,conflict correspondence property and copyright, but also to protect the interests ofauthors and public works effectively use our ancestors enjoyed the contradictionbetween cultural welfare.Third, although our current law on copyright protection correspondence relatedto human rights and its successors, has been recognized, but whether it may incurliability for damages the spirit is not specified. I believe that because of moral rightsis a personal right, moral rights violations caused spiritual damage will of course thesubject of rights, from this perspective, the general rules of civil law should beintroduced in the system of legal norms, the establishment of mental damagesregime.Fourth, the combination of Qian cases, the author proposes a completecorrespondence work moral rights ideas and solutions that work should be viewed asa special correspondence should be exercised to refine the rules in legislative orjudicial interpretation of the moral rights of.