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On the Right of Integrity

Author: GongTao
Tutor: XiaoDongMei
School: Xiangtan University
Course: Legal
Keywords: right of integrity right of modification work right of personality tortcomponents
CLC: D923.4
Type: Master's thesis
Year: 2013
Downloads: 40
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Abstract

Integrity right is stipulated in the copyright law, the author has an exclusiverights, often also in the judicial practice as a cause of action has a right to debate.1990"copyright law" provisions of the right of integrity, for the first time to protectthe right of integrity in the use of copyright infringement has provided a legal basis,however, about the nature of the right of integrity, the right of integrity and modifyrights, rights and other rights in copyright to distinguish, in practice and the relatedrights of apply, whether in theory or in practice are inconsistent, the academicopinions vary, nor practice criterion.This article attempts through to the right of integrity of nature and its relatedrights limits to make analysis, at the same time the generalizability of case study inpractice, put forward the new recognition of the right of integrity in order to helpimprove the system of right of integrity. Article is divided into five parts altogether,the first part is the research both at home and abroad, protect the right of integrity inthe second part introduces the legislation situation, legal nature and function. Thethird part mainly analyzes the integrity of the historical development trajectory andfoundation of law philosophy, the nature of the right of integrity. The fourth partmainly analyzes the conflict between right of integrity and related rights, and legalrestrictions on it. The fifth part mainly analyzes the practice of protecting the right ofintegrity tort expression and bear the responsibility.Intellectual property to protect the right of integrity theory mainly from Locke,Hegel, the philosophical foundation of analysis and searching based on Kant’s theory,but the author through the analysis found that from the theories of three people, andcan’t get the rationality of the law protect the right of integrity, the author from theperspective of value theory of the existence of the right of integrity. Scholars havedebated right of integrity is personality right or property or both, the author through tothe civil law theory of the object of right of right of integrity is a kind of right.Integrity and the related rights theory focuses on the conflict of the right to makechanges to the conflict, conflict in practice focuses on the conflict as with propertyrights, for the former, the author denies the modify right is necessary, in the latter case,the author argues that will destroy the work situation in to protect the right of integrityprotection scope. Legal restrictions on integrity rights mainly reflects in the rational use and legal permission and protection regulation, the author mainly analyses therational use of the necessity to use to protect the right of integrity and protectionsystem of nature and reason.Acts of infringing the right of integrity embodies a concentrated reflection oftampering of writing, music, art, photography, movies have their infringementbehavior characteristics. Integrity rights infringement of constitutive requirements inthe different way of responsibility has different constitutive requirements, the maindifference is that the compensation element must have a fault, fault don’t need to stopinfringement. Infringement of the right of integrity responsibility mainly has stop theinfringement, eliminate the influence, to apologize, mental damage compensation.

On the Right of Integrity

Abstract

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