Research On The Determination Of Infringement Of The Right To Protect The Integrity Of Works

In recent years,with the increasing diversification of works modification and use methods and the gradual strengthening of authors’ awareness of rights protection,more and more authors have begun to attach importance to their personal rights,especially the right to protect the integrity of their works.However,China’s provisions on the protection of the right to integrity of works are relatively abstract,which is manifested in the vague semantics of the "distortion and tampering" provisions in China’s Copyright Law and the single type of infringement stipulated in China.In judicial practice,there are also problems such as unclear judgment criteria for linking infringing works with original works,and inconsistent application of infringement judgment standards.To solve the above problems,this article expands on the following:There are two models for determining the right to integrity of a work internationally,namely the standard civil law model based on whether the original intention of the author or work has been changed to the standard civil law model,and the common law model based on whether the author’s reputation has been damaged.Compared with foreign regulations,the types of acts stipulated in China are too subjective,abstract and closed.Countries in the world rarely limit the act of rights control to the scope of modifying the main part of the work as stipulated by China,so China’s protection is far less than the world standard in this regard.Foreign detailed provisions on the methods of infringement can clearly solve problems in practice,and it is also a better legislative choice.Therefore,the act of protecting the control of the right of integrity of the work should be typed.When a work is distorted,the symbol is misunderstood or dissolved,which requires the use of symbols that are similar to the original symbols.Therefore,to determine whether a right has been infringed,it is necessary to determine whether the infringing work and the original work constitute a substantial similarity.In addition,subjective criteria should be used for infringement of the right to protect the integrity of a work.The subjective criterion should be whether the ideas embodied in the work have been distorted as the criterion,not the author’s own thoughts.The title,introduction and other accompanying parts of the work help the viewer and reader understand the original meaning of the work.Changing or omitting the accompanying parts of the work would prevent the reader from interpreting the work,and therefore alterations to those contents should be controlled by the right of integrity of the protected work.The context in which the symbol is used has an important impact on the meaning of the symbol,so the act of changing the environment in which the work is used may also lead to the destruction of identity due to the change of context,so it should also be a kind of infringement,not only that,but the act of destroying the sole carrier of the work is also an infringement.