Analysis Of Personal Right Of Legal Persons And Unincorporated Organizations

Under the condition of the market economy,legal persons and unincorporated organizations have made huge profits through the investment of works,and actually becomes the subject of copyright rights.Although both the civil law and the copyright law recognize the personality of the legal persons,there is still controversy in the theoretical and practical circles as to whether or not legal persona have personal right in the work.The lack of protection of the personal rights of legal persons and the increasing infringement of the current copyright law make it imperative to standardize the personal rights of legal persons.This article is based on an understanding of the nature of the works' personal rights,combined with the nature of legal persons and the personality right of legal persons,and affirms the legitimacy of corporate personal rights.At the same time,from the perspective of function and relief rights,put forward tentative apply to mental damage compensation,legal work personal rights protection due to legal work to contribute the theory development and improve the protection.The full is divided into four parts.The first part is the proposal of the problem.This part starts with the two major copyright rights systems at home and abroad,and clarifies that the legal person's works are the window of the legal person's will and the “dual system” of China's copyright.As for the existing problems,it clarified that the nature of copyright personal rights is a continuation of the personality right of civil law in the field of copyright;and the confusion between legal person works and special-title works and the difficulty of judicial practice in legal person personal rights are due to the legal rights of legal persons.The second part is the rationality of the legal rights of legal persons and unincorporated organizations.This section,by sorting out the context of the development of corporate personal rights,clarifies that legal persons are independent entities with rights and capabilities.In the field of copyright,corporate personal interests can be projected into works.This is the basis for its enjoyment of the personal rights of the works.Responsive to the needs of reality and legislative purposes,it provides an appropriate basis for the rationality of the personal rights of legal persons.The third part is the particularity of the personal rights of the works of legalpersons and unincorporated organizations.This section explains the special features of legal persons' personal rights compared with natural persons' authors.That is to say,the acquisition and exercise of personal rights of legal entities are dependent on natural persons;The controlling power of the personal right of the works,legal person is far more than the author of natural persons;in addition,the personal rights of legal persons are also more limited because of the need to balance interests.In different types of legal person works,due to the different strengths of their respective personality interests,they show different“rights of attachment”of personal rights of the works,which also makes it possible for the legal person's personal rights to be transferred.The fourth part discusses the legal responsibility of infringing the personal rights of the legal person and the unincorporated organization.This section clarifies that,like a natural person,the legal person also has the right to request restitution after being infringed.For legal persons' compensation for spiritual damages,it is necessary to start with the difficulties and relief needs of personal rights of legal persons' works and make it clear that when restitution can't make up for infringement damages,it is permissible to break through the traditional rules,and to make damages to legal persons' interests and receive compensation for spiritual damages in order to strengthen the protection of the right of legal persons..