How to distinguish signature rights and name rights
The right to name refers to the right of citizens to decide, use and change their own name in accordance with the law. It is a personal right to ask others to respect one's name. The right of authorship refers to the right to indicate the identity of the author and sign his name on the work.
Citizens enjoy the right to name and have the right to decide and use it and change your name in accordance with regulations, and prohibit others from interfering, misappropriating, or counterfeiting. Citizens whose right to name has been infringed have the right to demand an end to the infringement, restore their reputation, eliminate the impact, and apologize.
The right of authorship refers to indicating the identity of the author. The right to sign the work.
The author's right of authorship is the author's right to require others to recognize his qualifications for the creation of works based on his creative behavior. It is the most basic right of the author and the premise and basis for the exercise of other copyright rights. The exercise of The right of authorship is used to indicate the author's identity in most cases. Therefore, the right of authorship is a form of expression of the author's identity, but it is not the only form. In addition to signature, it can also be expressed through the introduction of the author's identity, real name registration, etc.way to indicate authorship. The essence of the right of authorship is to control the relationship between the author and the work to disclose or conceal the author's identity in order to obtain certain benefits or prevent certain damages.
For example, signing someone else’s name on a non-work without authorization Name can only infringe other people's right of name, but not other people's right of signature. Because the right of authorship is the right to determine the disclosure of the work and the identity of the author. Without the work, there is no right of authorship. Therefore, there is no question of whose authorship rights are infringed.
The two concepts of signature rights and name rights are both Different yet related. The right of signature is a unique concept in the field of intellectual property, while the right of name belongs to the category of personality rights in traditional civil law. As an aspect of the personal rights of copyright, the creation of the right of authorship has profound theoretical connotations. Therefore, the investigation of the relationship between the right of signature and the right of name cannot be separated from its conceptual scope and legal background.
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