The Conflict And Resolution Of The Right Of Integrity And The Right Of Adaptation

Protecting the integrity of works is an important moral right in copyright.The provisions of my country’s "Copyright Law" regarding the Right of integrity are unclear,resulting in the blurring of the boundaries between "distortion,tampering" and "adaptation".In practice,the author has transferred the right of adaptation to others and the Right of integrity Cases of conflicting rights.There are mainly two theories about the definition of "distortion,tampering",which are subjective and objective: "damage the thought of works" and "damage the author’s reputation".But we can’t simply define it by a single standard of "subjective and objective".We should set up an objective evaluation standard for the judgment of "damage the thought of works" from the perspective of creative techniques,plot conception,narrative point of view,and judge whether the adapted works are identical with the original works.At the same time,when signing the adaptation right contract,both parties should make a detailed agreement on the degree and mode of adaptation.Finally,the author can redesign the relevant system by introducing the theory of limited abandonment of spiritual rights,allowing the author to choose to use his own spiritual rights for a certain period of time or the way of using a work,and make the author realize his interests to a greater extent,so as to promote the development of the industry.