After The Death Of The Author, A Study On The Ownership Of Personal Rights

The first step in protecting copyright is to clarify the ownership of the copyright.After the death of the author,due to the traditional view that personal rights in civil law include the moral right and the ambiguity of relevant legislation in China,it objectively brings about the issue of identifying the ownership of the moral right,which is less concerned.How to resolve disputes in theory and practice so as to clarify the ownership of moral right of deceased author is the focus of this article.Theoretically,the common view in civil law is that the moral right belongs to the personal right.Therefore,the exclusive and non-economic characteristics of personal right should also apply to the moral right.However,different jurisdictions have,to some extent,made some variations in terms of the exclusiveness of the moral right by either allowing the "inheritance" of the moral right or emphasizing the "protection" of it,which all imply the characteristic that the moral right does not come to an end as the death of the civil subject.In practice,the ambiguity of the Chinese legislation over the ownership of the deceased author's moral right often plunges judicial practice into an hardship of lacking legal basis and hinders the prosperity and development of the copyright market.The author intends to first solve the theoretical dilemma of the ownership of the moral right after the death of the author by clarifying the difference between the moral right and the personal right in civil law,identifying the existence of the moral right after the death of the author.Starting from the object of the moral right,namely the work,this article intends to ascertain the legal characteristics of the work and combine the need of the copyright market so as to resolve the theoretical obstacles that hinder the inheritance of the moral right and conclude that the moral right can be inherited.Secondly,by combining the theoretical analysis with the exploration of the deficiencies in terms of the ownership of the moral right in the Chinese legislation,this article will clarify the ownership of the moral right.