Research About The Right Of Integrity Of Film

The right of integrity of a work is an important right in copyright law,and such right is of great significance to authors and users of works.Chinese Copyright Law defines the right of integrity of works as the right to protect the works from distortion and mutilation.Due to the lack of clarity of the law,the judicial decision is contradictory and unclear,while the conflict of judgments lies in the flaws of legislation.On one hand,the rules and regulations are vague.On the other hand,Chinese legal transplantation fails to consider the legislative concepts,and the design of overall rules is not perfect.Due to China’s late start of legislation of the copyright law,the legal transplantation is a common way for China to form and improve the legal system.The copyright protection system around the world is mainly divided into two distinct systems,one is copyright system,the other one is moral right system.The two distinct systems have different legislative considerations and theories for the protection of the integrity of work.The copyright system country takes utilitarianism as the theoretical orientation,focused on protecting the economic interests of authors and users,while the protection of the moral rights of authors mainly relies on the personal rights law,the anti-unfair competition law and other legal protections;while the moral rights system takes natural human rights as the theoretical orientation,treated works as the embodiment of the author’s personality,paid attention to protecting the author’s moral interests,and emphasized the originality and non-transferability of moral rights.Under the different theoretical orientations,the two distinct systems applied different standards of infringement determination of the integrity of works.Copyright systems have adopted standards of making damages to the author’s reputation,and moral rights system have adopted standards of making damage to authors’ moral interests.China adopted these two standards together,causing confusion in the judgment.From the perspective of China’s existing legislative system and the character of moral right,the legislative model of the moral rights system can provide more guidance and reference for China.The integrity of the work should protect the author’s moral interests,and the mental damage compensation should be applied.At the same time,while protecting the interests of authors,the protection of the legal rights of third parties and the public interests of the society should be considered as well,it is important for us to accept the special rules for films and televisions’ creation,protect the freedom of speech and freedom of artistic creation,coordinate and protect the interests of all parties under the rules of the necessary modification.It is necessary to improve Chinese rules,and it is recommended to guide the parties in the form of a model contract to clarify the boundaries of the integrity of the work.However,before the infringement is determined,it should first be determined whether the work in dispute uses the expression of the original work.If it only uses the ideas of the original work,there is no possibility of infringement of the integrity of the work.