Reasearch On The Right Of Integrity In Prc

The right of integrity is the right can ban such infringement when the author's spirit in the works and the title was violated.In practice,the relationship between the right of integrity and the right of alteration or the right of adaptation is the most confusing,but three rights scope did not cross.The right of integrity is negative the personal right,the protection benefit is the consistency of the works and the author thought;the right of alteration is the personal right including positive and negative two aspects,the protection benefit is the author's creative freedom;the right of adaptation is the property copyright,we need appropriate restrictions on right of integrity to the protection of the rights of adaptation of the right holder.Personality rights theory,incentive theory,property rights of labor theory,cost-income theory provides the theoretical foundation to the right of integrity.Integrity right system in China began in the qing period,but since the Renaissance,the right of integrity has a prototype for abroad,and then respectively under the influence of personality right theory and incentive theory,the civil law countries and common law countries gradually formed on the copyright legislation system and the right of the author copyright system.In this paper,the right of integrity as the study of law in China and theoretical problems' center,to the right subject,infringing object,infringement determination standard,and the relief way as the logical order.First,there are no rules for whether rights subject can be changed.This paper argues that we should clear the right of integrity cannot be inherited,licensed,transferred,but should permit a certain extent to allow it to be given up.Second,scope of rights and their right of integrity problem whether can become the object without rules,This paper argues one is that from the eight types of object in the copyright analysis how to improve the system of right of integrity limit,two is that the author should be clearly excluded from the subject of distortion and tampering.Third,infringement determination standard is confusing.In tort standard problem,from the illegalact,the infringement results,were analyzed,and the subjective factor three aspects that shall definitely distort and tamper with the behavior refers to the public harm work ideas,change the work content,subject,use behavior,whether you need the subjective important document needs to be discussed according to whether the behavior caused serious consequences.Fourth,Relief system has some holes.This paper argues that the copyright owner may apply to the infringement of the right of integrity material damages and spiritual damages,but the heir to the copyright owner has no right to request the material compensation and apologize.