Research On The Infringement Of The Right Of Integrity

The right of integrity is an important part of moral rights,countries in the world have different regulations on this right based on different legislative concepts and economic and cultural differences.China's relatively simple and ambiguous provision of this right has caused many confusions in the practice of infringement judgment.Investigate our judicial practice,Judges have different understandings of distortion and tampering in the process of infringement judgment,the infringement judgment standards adopted are inconsistent,and the relationship between this right and the right of alteration is confused.This paper argues that,the act of not changing the work itself but improperly using the work should also be expanded into a way of infringing the right,the infringement judgment standard should adopt the ideological standard of damaging works,the right of alteration does not have an independent control scope,and should not be regarded as an exclusive right,nor should it be incorporated into the protection of the complete right of the work,and this right should be completely deleted.The body of this article is divided into four parts,the first part analyzes the basic theory of the right.First,the history of rights was introduced.The right first originated in civil law countries.The Berne Convention also established this right.The countries of the copyright system such as Britain and the United States introduced the right passively to implement the convention.Secondly,the nature and function of rights are discussed.The right of integrity as a spiritual right has the function of maintaining the identity of the work,protecting the author 's spiritual rights,encouraging creation,and then promoting the inheritance and spread of cultureThe second part is the judicial investigation of China's violation of the right of integrity.The author retrieved the relevant cases of infringement of the right of integrity from 2015 to 2019 of China,and finally selected 57 cases as research samples.By summarizing the basic situation of the case samples,we understand the court's thinking and judgment results of such cases,and find common problems in practice.The study found that judges have different understandings of distortions and tampering,and the infringement judgment standards adopted are also inconsistent.The parties often file complaints of infringement of this right and the right of modification at the same time,and some judges do not clearly distinguish these two rights in the judgment.Directly draw a conclusion on whether to infringe.The third part is the analysis of the obstacles to the infringement judgment of the right of integrity.Regarding the infringement method,the legislation adopts a closed expression,which only stipulates the distortion and tampering.This provision has the drawbacks of ambiguity and closure.This article analyzes the infringement method from a typological perspective,that is,from the content of the work Changes and interpretations of inappropriate use.Regarding the judgment standards of infringement,the theoretical circle disputes the two standards of damage to the author's reputation and damage to the work.This article challenges the reputation standard and demonstrates the rationality of the work's ideological standards.Regarding the relationship between this right and the right of alteration,by analyzing the disputes between the two in theory and the reconstruction of the two submitted for review,it can be seen that the right of alteration does not have an independent control range and should not be defined as an exclusive rightThe fourth part is to improve the right of integrity,mainly from the legislative and judicial aspects.In terms of legislation,when the Copyright Law is revised,the right of integrity should be redefined,the scope of control of the right should be clarified,and the restriction of rights should be increased according to the principle of interest balance.In the judicial aspect,the idea of infringing works should be regarded as the standard for infringement judgment,and at the same time,the German"three-step test method" can be used to judge infringement.