Research Of The Right Of Integrity

Most countries in the world and the Berne Convention have stipulated the right of integrity.By reference to the Berne Convention,China’s right of integrity has been made a relatively simple provision.The right of integrity,that is,the right to protect one’s work against distortion and mutilation.As one of the important spiritual rights of copyright,right of integrity has always been a hot issue in academia circle.In recent years,in all kinds of copyright dispute cases,disputes related to the right of integrity occupy a higher proportion.However,due to the vagueness of relevant laws,failure to interpret such important concepts as distortion or mutilation and so on,it is hard to conform a standard of the infringement to right of integrity and distinguish between right of integrity and power of revision.Therefore,a research with depth analysis has theoretical and practical necessity.This paper mainly adopts the method of empirical research to analyze the court written judgments of copyright infringement cases concerning the right of integrity in China over the past 2012-2017 years,aiming to perfect the legal system of the right of integrity in China and promote the theoretical research in this field.The body of this paper is divided into four parts,the specific contents are as follows:The first part inducts the two important issues that will be discussed in this paper by observing the frequent infringement disputes and the related theoretical and practical disputes in the protection of works in recent years,and combining the results of the two trials of the disputes about Huawen Publishing House and Yin Fanglin’s copyright infringement case : the criterion for judgement of infringement to right of integrity and the relationship between the right of integrity and the power of revision.The second part summarizes the basic situation,source,and retrieval method of empirical study cases from the aspects of infringement types and judgment results.In the third part,according to the empirical research method of the second part,we select a great number of related referee documents and analyze them and summarize them,and then present the two problems raised in the first part of this paper visually.The Court’s judgment on the infringement of the right of integrity is broadly divided into four categories: subjective criteria(which can be divided into "absolute subjective standards" and "relative subjective standards"),objective criteria,other reasons,and the situation including no standard.The Court’s attitude to the relationship between the right of integrity and the power of revision is divided into three types: no distinction between the two rights,the difference between the two rights,and no reflection in judgements.The fourth part puts forward suggestions for the perfection of the system,aiming at the chaotic situation that the judgment standards of two important issues in the judicial practice are not the same and the two rights relations are difficult to distinguish.In the standard of the infringement to right of integrity,based on theoretical analysis and foreign legislation,there is a concluded that China should adopt a more reasonable and feasible "relative subjective standards." On the issue of defining the relationship between the right of integrity and the power of revision,through the analysis of the theoretical differences existing in the academic circle and the interpretation and questioning of the third amendment of the copyright law,the paper puts forward some suggestions to reconstruct the right of integrity.The right of integrity is defined: the right of integrity means protecting the work from distortion,falsification,or other damage to the thought of the work.