The Study On Transferability Of Personal Rights In Copyright

With the advent of the era of knowledge and information, intellectual propertyrights is getting more and more important. For the rapid growth of copyright trade,there are a lot of theoretical and practical problems in the copyrights law which is themost complex branch in intellectual property. One of the most prominent controversyis whether the personal right of copyright can transfer with the copyright.The problem of transfering the personal right of copyright has attracted extensivestudies. Some reachers think that the personal right of copyright is not transferablefrom the viewpoint of the person right attribute. But others say the personal right ofcopyright is transferable from the perspective of economic interests. There is no finalconclusion of the problems arsing in the legislation and practice for the personalcopyright.In this thesis, I first analyze the origin and the present situation of the problem oftransfering the personal right through expounding the rules of two law system withdifferent ideological foundation and historical background, as well as the effects ofthese rules. Then, I analysis the problem of transfering the personal right bycomparing the attribute of the personal right and the right of the person. I alsodemonstrate the right of authorship, the right of revision, the right of integrity and theright of publication transferability. Furthermore, for the sake of public intere and risk,I think we should restrict the situations in which the personal right can be transferred.Finally, by analysing some theoretical and practical disadvantages existing in ourcountry, I propose a suggestion that we should introduce the personal copyrighttransfer pubicity system and the personal right exhaustion system. I hope this studycould be useful in improving the copyright of our country.