On Protecting The Integrity Rights Of Works

According to Article 10 of the Chinese Copyright Law,the protection of works integrity right is to protect the works from distortion and tampering.Due to the rapid development of the Chinese film industry and the huge demand of the film market,the adaptation of literary works has become more and more important in film creation.However,a more serious problem is highlighted in front of how to deal with and solve more and more effectively.In recent years,the case of "nine-level demon tower",as a typical example,makes the protection of the integrity of the works in the whole copyright system is also indispensable.As an important spiritual right,the conversion of literary works to movies and other works should be more adequate protection for the integrity of the works.However,since the protection of the integrity of works is a small right in copyright law,in practice,The importance of such cases has not been raised,and the lack of the provisions of our own laws,making the effective coordination of the film adaptation and protection of the integrity of the work has become a problem.China's definition of the integrity of the protection of works from the provisions of the Berne Treaty may be to improve the protection of the rights or the advantages of integration of different national legislation considerations in the law used in the"distortion"," Tamper "and other words used to define the infringement.The use of these two terms in the law to define the infringement will be quite vague,and"distortion","tampering" and other terms derogatory color serious.The lack of legislation makes it difficult to achieve the desired effect in practice.Secondly,on the infringement of the protection of the integrity of the works,the Berne Treaty and some countries expressly require "damage to the reputation of the author" as the premise,but our copyright law and related laws are not clearly defined.Whether there is "damage to the reputation of the author" as a prerequisite for violation of the integrity of the protection of works,judicial practice there is a big difference.Furthermore,the issue of the "necessary changes",the degree of adaptation and the scope of the adaptation of the film adaptation after the lawful authorization,will not infringe upon the integrity of the works.In view of the above problem,our country law has not made the full explanation.This paper first summarizes the definition of the complete right of the representative works to protect the works,and then analyzes the nature of the protection of the integrity of the works and introduces the functions of the rights.Secondly,it introduces the author's system and the copyright system,and puts forward the attitude of the different systems to the rights.Furthermore,it is the conflict between "economic rights" and "moral rights","respect".and "creation" between the film adaptation and the protection of the integrity of the works.Finally,in order to better coordinate the film adaptation and the integrity of the work between the conflict,make the appropriate recommendations.First,we must clearly define the "necessary changes" principle,including:must for legitimate purposes,the necessary changes are the only way,the necessary changes must be within a certain range.Secondly,in view of the problem that the referee standard is not unified in the judicial practice,it is suggested that the "loss of works" should be regarded as the standard of infringement of the protection of the integrity of the works.On the one hand,the "infringement works" The spirit of legislation,on the other hand,is conducive to protecting the moral rights in works.Third,the film adaptation and the integrity of the protection of the type of work as a judge whether the film adaptation of the protection of the integrity of the protection of works.First of all,according to the importance of literary works described in the plot,characters,scenes are divided into "general elements" and"core elements." Secondly,the adaptation behavior is divided into "specific changes","delete behavior","defaced behavior","adjustment processing" and "communicative change" and other specific behavior.Through the graphical way to simulate the"general elements" and "core elements" may face a variety of adaptation behavior,and according to the different characteristics of various adaptation behavior,specific issues specific analysis,and then determine whether the infringement.