Studying On The Infringement To The Integrity Right

The right of integrity is an important personal right of works,which focuses on the protection of the author’s spiritual interests in his works.However,compared with the countries outside the relative perfect legislative cases,the regulation of our country’s copyright law to protect the right of integrity is too short,to the infringement behavior rules only "distort and tamper with",and the connotation of "distort and tamper with" behavior is a lack of clear legal qualitative,in judicial practice,the understanding of the rights,There are two completely different judgment standards of infringement: the objective standard that damages the author’s reputation and the subjective standard that violates the author’s original intention.From the legislative value of protecting the right to integrity of works,taking the damage of the author’s reputation as an infringement element will unreasonably narrow the protection scope of protecting the right to integrity of works,and confuse it with the judgment of infringement of general personality rights such as the right of reputation,so it is not legitimate to adopt objective standards.Method,Germany,home to take the subjective standard regardless of reputation "author" factors interference,can the author integrity damaged cases timely maintenance work in the spirit of interests,protecting the right of integrity fit our country legislation value orientation,recommended reference method,Germany beneficial judicial experience,clear to subjective criteria for infringement determination,In addition,the method of interest measurement is introduced to correct the defects of subjective standards,and a set of clear infringement judgment rules applicable to China is constructed.The judgment is divided into four steps based on specific cases.In terms of legislation,it is suggested to improve the general provisions on the protection of the right to integrity of works,and make restrictive provisions on the protection of the right to integrity of works in special cases by referring to the provisions of The Copyright Law of Japan,so as to provide a legal basis for the judgment of infringement and the measurement of interests in judicial practice and promote the fair use or dissemination of works.