Research On The System Of The Right Of Retraction In Copyright Law

The right of retraction is the right that the author will withdraw the published works with transfered or licensed, under conditions by compensating the user for economic losses. As an important element of the author’s moral rights, the right of retraction is not only respect for the author’s personal interests, but also the freedom of expression and pure thought,because the right of retraction has the nature of inalienability and highly restrictive.The right of retraction’s particularity also determines the different value of its theoretical foundation.From the perspective of jurisprudence, civil law, constitutional law,this thesis will explore the value of the right to retraction.Due to the right of retraction involve multiple stakeholders, legislation is necessary to reflect the distribution of justice, but also to protect the freedom of expression of personality, in order to maintain the balance of social order.Our future legislation can be based on the research of theoretical value of the right of retraction, and legislative experience of developed countries also provides us with much reference.Because of the different legislative concept between Common law countries and Civil law countries, Common law countries do not recognize the right of retraction.Besides, Berne Convention and Universal Copyright Convention only indirectly made in legislation. Currently, only part of the civil law countries recognite the right of retraction, which France, Germany, Italy, Russia, Spain are more typical.Through the research of institutional context of the right to withdrawal and relevant national copyright legislation,We have a clearer understanding of the right of retraction, which also provide us certain experience that the Copyright Law of the system whether should be introduced.With the rapid development of Chinese economy and society, the importance of intellectual property rights has become increasingly prominent, and amending the copyright law is imperative.Based on Chinese national conditions, we should continue to learn legislative experience of developed countries,which China has been following the road.In the third revision of "Copyright Law", the revision of the rights of the copyright system is one of the most important content. So, some scholars advocate we should incorporate the right of retraction.However, literary and artistic environment in our country are immature, the implementation of the right of retraction is facing very many obstacles. Therefore,our country is not suitable to protect the right in the legislation now, however, it does not mean that there is no such requirement in the future judicial practice.To address new problems emerging in the field of copyright, improving our system of moral rights is always legislators’ pursuit.As the moral rights, the right to withdraw protect author for the personality interests in a higher level,which its aim is to fully respect the status of the creator and maintain good creative environment.Through the study of the right system, it not only promotes our awareness, but also makes an objective analysis that whether it should be written in legislation.