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The Study On The Right Of Integrity

Posted on:2021-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:X J LiuFull Text:PDF
GTID:2416330623959164Subject:Law
Abstract/Summary:PDF Full Text Request
Protecting the integrity of works,publishing rights,signature rights,and amendment rights are the four personal rights protected by the current Copyright Law in China,reflecting the importance China attaches to the moral rights of authors.However,China 's regulations on the right to protect the integrity of works are not exhaustive.Not only are the boundaries with rights such as modification rights not clear,but there are no clear judgment standards that violate the right to protect the integrity of works.Therefore,the standards applied in judicial practice are different,and the judicial situation is chaotic.At the same time,the theoretical community has been discussing what standards to apply.This article starts from the basic theory of protecting the integrity of works,and combines judicial cases to explain the meaning of "distortion and tampering" in the provisions for protecting the integrity of works,and analyzes the relationship between protecting the integrity of works and the right to modify and adapt.Discuss the degree of "distortion,tampering" required.At the same time,the two mainstream judgment standards in the current theoretical world,namely,violation of the ideological standards of the work and damage to the author's reputation standards,are discussed in detail through a combination with judicial cases,and the two judgment standards are adopted from a dialectical perspective.Pay attention to the protection of the work's thoughts,while taking into account the author's protection of the reputation of the work,and the integrity of the work scientifically and reasonably.Comment on the provisions of the Copyright Law(Revision of the Draft for Review)to protect the integrity of works,advocate the improvement of infringement judgment standards for protecting the integrity of works from the legislative and judicial levels.
Keywords/Search Tags:The Right of Integrity, The Criterion of Judging Infringement, The Criterion of “prejudicial to the idea of the work”, The Criterion of “prejudicial to the author's reputation”
PDF Full Text Request
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