Standards For The Determination Of Infringement Of The Right To Protect The Integrity Of Works

"Copyright law" for the third time,modify decade-long by officially in November 2020,but there was a huge controversy over controversial theory practice standard of infringement right of integrity without any response,to solve the problems of the years,on the whole in a structured way to protect the right of integrity infringement exists when evaluating and analyzing the main bone of contention,combining the theory of literature and art formalism Jacobsen put forward six language elements,analysis the authors,works,readers to occupy a position in right of integrity,The author,the work,the reader under the joint action of the three aspects of the work integrity of the right to identify the standard.First of all,in typical cases,three prominent problems are found in the identification of infringement of the right to integrity of works: 1.The relationship between the author's reputation and the protection of the right to integrity;2.Judge the changes of works;3.Forms and limits of changes in works.Secondly,the author elaborates on the three questions respectively: the author's reputation and the existence of the right to integrity of works are affirmed and denied.Through the exploration of the copyright laws of various countries and the judicial practice of China,the author summarizes the basis for the existence of the mixed theory and evaluates each theory.Centering on the three different centers of the author,the work and the reader,it is determined that there are four different theories of the judge who changes the work: strict subjectivism,relative subjectivism,relative objectivism and strict objectivism.Combined with literary and artistic theories and linguistic theories,this paper lists various forms to change the existence of works,and combines with judicial practice to distinguish works to the limits of "distortion and tampering".Finally,the relationship between the protection of the right to work integrity and the reputation of the author,the judge of the change of the work,the form and limit of "distortion and tampering" of the work are clearly defined,and the identification standard of the right to work integrity protection is attempted to be reconstructed.