A Law Protecting The Right Of Integrity Problem Research

As the science and the emerging technology improves rapidly, people on the copyright protection paid more and more attention. Protect the right of integrity to the work of case also increased, but because of less prescribed by law and tort standard fuzzy, judgment standard and other reasons, making right identification and specific problem judgment, between the scholars and judges have different arguments. On the application of the right of integrity in the legal practice there are many problems, based on the legal practice in the case as the starting point, through the case analysis to find out the focus of controversy. The boundaries of two rights such as unknown, in practice often confuse the two; conflict with the real right, the problem how to distinguish and protect people and property rights of copyright regulations etc.. Analyzing the relations and differences between the right of integrity and the right to modify the value of the two rights of independence. To modify the rights and property rights, for example, comparative analysis works integrity right and other rights of the relation and the difference and the necessity, from the comparison with other rights explicitly protect works integrity right infringement standard. China’s copyright law on "distorted, tampering" did not make a specific analysis on how to "distort, tampering" understanding, "distorted, tampering behavior is the key to the analysis of right of protecting the integrity of works. First has been clear about the meaning of "distort" shall meet the to the author’s ideas and finds the infringement damage; in infringement, should that can violations of the right to protect the integrity of the work includes not only the work itself changes caused by distortion, mutilation, including not to work for the change, but improper use of the works; secondly, distorted and should be to make the audience of the original have misread as a standard. The Berne Convention will damage the reputation as an infringement of the standards, but China did not included in the standard "copyright law" in judicial practice in practice is, in order to analyze whether this approach is justified, and analyzes our country not to infringe the author emeritus for the rationality of the original. From the analysis of parody works enough to others misunderstanding to infringe the right of integrity protection works. Right to existence will be subject to this restriction, the third part to the principle of balance of interests as the starting point, through carries on the analysis to the connotation of rights legislation and come up with the right is subject to the necessary restrictions, right of protecting the integrity of works is no exception, balance and coordination between the two parties and between public interests of the society. The deductive and parody works of two kinds of special works as an example, based on puts restrictions on the right to protect the integrity of the work of the rational use of the works.