Research On The Author's Moral Rights Protection

The author's moral rights can be traced back to ancient Rome and ancient Greece,and during the Renaissance,artists began to sign their works to protect their rights.The modern sense of the author's moral right theory originated in France.Stam Peter and his supporters as the representative of the advocates who asserted that copyright is a property discussed on whether copyright is a property or personal rights with Reynolds and his supporters as the representative of the advocates who claim that copyright is a property personal rights in 1793,the French parliament.Since then,views of Reynolds and his supporters were accepted by more and more French scholars.In 1860,the school of "Individualism" was born in the French academic circles.Under the impetus of French scholar Morillo,the concept of "personal right of authorship" was put forward.However,the emergence of the school of "Individualism" has not only failed to quell the debate in academia,but has made more and more scholars continue to debate and discuss the nature of copyright classification in a more in-depth manner.In late eighteenth Century,some scholars as Boilie put forward "intellectual property rights".The theory holds that copyright should consist of both property rights and personal rights.Boilie's theory was adopted by civil law countries legislation.The Anglo American law countries did not initially attribute copyright to personal rights and the United Kingdom and the United States accepted the concept of copyright spiritual rights until they joined the Berne Convention.The content of the moral rights of the author includes five rights,such as the author's right of publication,the right of authorship,the right of revision,the right to complete the works and the right of recall.The right of publication is the most basic part of copyright,and the right of integrity is the core content of moral rights.The author works published,modify,signature,contact feelings and thoughts of the author,with a strong spirit of the author,to recover the right is a right of publication and related rights,it should be attributed to the moral rights.Although the world legislation generally provides protection of authors' moral rights,however,due to the development of digital technology,there is a lack of suitable author's spiritual right rational use of rules to protect authors' moral rights;the provisions of disposition of the spirit rights is not clear;whether legal person is entitled to the moral rights;there is the lack of standards to identify creator and the lack of technical support to determine infringer's true identity in the network environment.In the digital age,technical protection measures should be strengthened,scientific rights management information systems should be established,and administrative liability,civil liability and criminal liability should be strictly investigated according to law to better protect the author's moral rights.