Research On The Criterion Of Judging On The Right Of Integrity Infringement

The right of integrity is one of the moral rights stipulated by Copyright Law of our country, and it's one of the most important rights of the author. To confirm the standards of judging infringement about the right of integrity is orgreat significance for handling the relationship between the use of the works and the protection of the author's right correctly. At present, our legislation about the right of integrity is too simple,and the criterion of judging on the right of integrity infringement is not explicitly stipulated.There are two different criteria in juridical practice,namely,the criterion of "against the author's idea" and the criterion of "prejudicial to the author's honor or reputation",which results in a large uncertainty in the application of the law. To clarify this issue is a necessary prerequisite for the unity of judicial practice and the balance of interests of authors and work users.In view of the above considerations, this thesis intends to discuss from four parts.The first part introduces the basic theory about the right of integrity. First of all,starting from the origin of the right of integrity, the thesis expounds the development process of the right of integrity. Then, it introduces the theoretical basis of the right of integrity, including the theory of personality right, the theory of motivation and the concept of fairness and justice. Finally, the thesis expounds the function of the right of integrity form the following aspects: to protect the identity of the idea; to protect the author's freedom of speech; to promote the prosperity of the culture.In the second part, the author investigates the two criteria for judging infringement from the perspective of comparative law. Under the domination of the two legislative concept, which contains the authorship doctrine and the copyright doctrine, the civil law system countries and the common law system countries adopt different criteria of judging infringement. The civil law system countries adopt the criterion of "against the author's idea" mainly,and the common law system countries adopt the criterion of"prejudicial to the author's reputation" explicitly.In the third part, the author analyzes the current situation of legislation and judicial practice with the coexistence of the two criteria. There are some problems in the legislation, such as, it fails to make the meaning of distortion and mutilation clear, the scope that distortion and mutilation regulate is too narrow, and the criterion for judging infringement is not stipulated in the legislation. In the judicial practice, different courts have different understanding for distortion and mutilation, and some courts have already made an extensive interpretation about distortion and mutilation. In general, either of the criteria may apply when the court judges whether it violates the right of integrity or not.In the fourth part, the author puts forward the idea of improving the criterion of judging on the right of integrity infringement in our country. That is, take "against the author's idea" as the basic principle, and limits the author's rights appropriately, then, it can balance the protection of the author's rights and the diffusion of works. First of all,the author begins with the chief function and the actual situation of our country, proves that it's appropriate to adopt the criterion of "against the author's idea". In the next place,the author expounds the reasons why our country does not adopt the criterion of"prejudicial to the author's reputation". At length, the author puts forward the idea of reconstructing the right of integrity with the criterion of "against the author's idea".Namely, the legislative definition of the right of integrity should be expressed again under the premise of clarifying the relationship between the right of integrity and the right of revise and in order to balance the interests of authors and work users and the public, this thesis hold the opinion that it should place some restrictions on the right of integrity, one is to make some exceptions, and the other one is to stipulate that the parody works is within the law.