Research On The Criterion Of Infringement Of The Right Of Integrity

The right of integrity is an important right of the moral rights,which is of great importance to the author and the user of the work.At present,the laws of the world are provided for the protection of the rights,China is no exception.However,the arise and development of new technologies increases the risk of protecting the right of integrity,and makes the judgments more complex.The film,which is adapted from best-selling literary works,often leads to the success of the box office,which has led to "The Adapt Rush",but behind this prosperity there is a new contradiction,that is,the author believes that the adaptation of the work violates the right of integrity.From the writing works to the film and television works is the transformation of the two forms of performance,different from the ordinary works of use,accompanied by the necessary changes in the behavior of infringement is more complex.The need to clearly the right of integrity to infringe the identity of the standard,to determine the infringement.There are inconsistencies in the international standard of infringement of the right,and there are subjective and objective criteria.The main difference between the subjective standard and the objective standard is whether it is "violate the reputation of the author".Similarly,the domestic judiciary,the judgments adopted in such cases are inconsistent standards,the situation is more chaotic,the need for a certain identification of infringement standards.The moral rights originated in France,Through the trace of the source of interpretation of the meaning of the right of integrity,And learn from the practice of developed countries,combined with China's legislative tradition,To establish the standard of infringement.Combined with the adaptation of the characteristics of film and television works,will be recognized standards apply to such cases,For the judiciary to provide the basis for referee,unified law applicable.