On The Boundary Of Protecting The Integrity Of Works

Article 6bis of the Berne Convention for the Protection of Literary and Artistic Works provides for the protection of the right of integrity,and the major countries in the world have enacted corresponding provisions in their domestic laws in accordance with this provision.However,due to the differences in history,culture,development and value of each country,there are two different legislative ideas in understanding moral rights.The right scope and its implementation vary in different countries.At present,there are two different criterions for judging the infringement of the said right:one is subjective criterion which judges from the author's subjective feelings and emphasize the establishment of infringement when the work is changed against author's will,whether or not it objectively damages the author's reputation.The other is objective criterion that emphasizes prejudice to author's honor or reputation.Due to the lack of clear provisions in China's copyright law,it leads to confusion in this field to some extent.Based on the sufficient analysis of two criterions,the paper persists in the said objective criterion,and takes film works as an example to determine the boundary of the right of integrity.The structure of the paper is as follows:The preface introduces the origin of this paper.The first chapter is to summarize the right of integrity.It analyzes the origin and development of the right of integrity from the perspective of historical development,defines the connotation and extension of the right of integrity and analyzes the relationship among the rights of integrity,modification and adaptation;In the second chapter,it describes the two different criterions for judging the infringement of the right of integrity.Through some cases,it studies the two different criterions in detail.The third chapter takes film works as an example,discusses the right of integrity in them,and analyzes the effect on the right of integrity from the aspects of the distortion,mutilation or other modification to the original works and to the film works respectively.The last part is to summarize the full paper with emphasis on the subjective criterion subject to the balance of the protection for moral rights and circulation of works in Chinese cultural market.