Author’s Moral Rights Under The Network Environment

The author’s spiritual rights in the copyright system is a very important right, on a world scale, research on the author’s spiritual rights have several hundred years of history, especially in the civil law countries, the author got certain value the protection of mental rights.But in today’s network environment, the author the protection of mental rights suffered serious challenges.Many scholars think, author emphasizes the protection of mental rights and runs counter to the development tenet of the Internet industry, so under the network environment on the author’s spiritual rights should adopt the mode of "weak protection".But once the weakening of the author, the protection of mental rights, not only can make the author to loss of confidence in the Internet environment, the longer it will be detrimental to public interest.So to speak, how to balance the interests of all parties under the network environment is the focus of the author spirit right protection system, will also directly affect the future of the Internet industry and the development of knowledge economy in our country.The first chapter is the author of this article overview of mental rights.This chapter expounds on the concept of moral rights and content, on the basis of the continental law system and Anglo-American law system countries are introduced in the author legislation on the protection of mental rights and the international status.In terms of the nature, the author thinks that the author’s spiritual rights has its uniqueness, should be a kind of independent of the power of the new features.The second chapter elaborated under the network environment, the author of this article spirit rights challenges.Under the network environment, the creation of works digitalization, simplified, copy it easier.The development of the e-commerce industry and to limit the exercise of the right to demand for the author spirit, the authors spiritual rights showed a trend of "weak protection" in the world.But the work is the author of the intellectual achievements, the author is the protection of mental rights for the dignity of the author, author of the protection of mental rights can stimulate the author’s writing enthusiasm, guarantee the authenticity of public access to information.As long as the correct processing works of the copyright owner, use, and the relationship between the public, the author not only the protection of mental rights system will not affect the development of the new media industry, it can purify the Internet environment, promote the development of Internet industry.The last chapter in this paper, the spirit in our country’s copyright law rights protection legislation present situation and the main problems, and puts forward two Suggestions according to the problem.First of all, should be the author of the protection of mental rights for "fair use" rules; Secondly, the author spirit rights should acknowledge the contract conditions limited "give up".Allows authors to "give up" limited mental rights can better balance the relationship between copyright owner and user, not only let the user have no trouble back at home, also can make the work from being dismembered tamper with destiny, to solve the problem of the use of the work under the network environment have certain effect.