Study On Issues Of Author's Moral Rights

The article generalizes the tendency of author's moral rights protection, analyzes its present situation in China as well as its predicament and then justifies the necessity of author's moral rights protection. Several assertions are proposed to reconstruct the author's moral rights protection model by inspecting the structure and definiting the essence of author's moral rights. In addition, the article discusses the remedies when author's rights are infringed.The article consists of the exordium, the main body and the conclusion. The main body of the article includes five chapters:The first chapter compares some concepts concerning author' moral rights, traces its origin and sumarizes the tendency that author' moral rights and economic rights be protected unified.The second chapter sums up the present situation and predicament of author's moral rights protection, also analyzes the reasons for high level protection in legislation while poor protection in practice.The third chapter expounds the significances of author's moral rights protection, which can achieve author's economic rights, defend cultural order of society and promote copyright's international transaction. Then it analyzes the structure of author's moral rights from its subject, object and content.The forth chapter clarifies that author's moral rights is not personal rights of traditional civil law but property essentially through comparing personal rights of traditional civil law with author's moral rights.The fifth chapter proposes assumptions to reconstruct author's moral rights protection model, expounds infringements and remedies to author's moral rights, compensation for mental damages chiefly.