Research On The Moral Rights

Moral rights is an important part of copyright system.Civil law countries traditionally emphasize the protection of authors' personal interests;common law countries regard copyright as property rights,and the author's spiritual rights are protected by common law laws such as privacy,name and contract fraud.China's Moral rights system has basically transplanted the model of civil law system,but due to the late start of legal practice and academic research,there are still many deficiencies in the system design,and there is a lot of room to be cleared up in theory.Among the opinions put forward for the third amendment of the Copyright Law,the amendment of the Moral rights only involves such issues as the right of signature and the right of amendment in the content of specific rights,and many other issues have not been paid attention to.It is inappropriate for China's Copyright Law to directly define Moral rights as "personal rights".It is necessary for domestic copyright theorists to adopt the system of "copyright personality rights".From the perspective of the origin and purpose of the system,the protection of the Moral rights is the author's personality interests and spiritual rights based on the creation of works.Therefore,the "personal right" in the Copyright Law should be renamed " Moral rights ".There are many disputes about the legal attributes of Moral rights,such as "abstract personal right theory","identity right theory" and "general personality right theory".The object of Moral rights is the author's personality interests reflected in the works.Therefore,the Moral rights is not an abstract personal right,nor a general sense of personality right,its legal attribute should be a special personality right.The legal characteristics of the Moral rights are that the author and the author's personality interests reflected in the works are inseparable.Therefore,the Moral rights should be exclusive to the author,not transferable and inherited.However,in the exercise of the right to use works,the right to publish and modify works should be limited.In view of the legal nature of the Moral rights as a special personality right,it is necessary to incorporate the Moral rights into the Civil Code system.At the same time,our country should seize the opportunity of the third revision of the Copyright Law to revise and improve the relevant legal provisions of Moral rights.