What are the legal attributes of copyright moral rights
1. Right of publication
The right of publication is the right to decide whether the work will be made public. It has the characteristic of "exhaustion once".
Normally, the work specified in the commissioned creation contract When the property rights belong to the principal, the right of publication shall be deemed to have been exercised by the trustee "one time". Of course, the trustee may wish to expressly consent to the publication of the work in the commissioned creation contract.
2. Right of signature
The right of authorship is the right to indicate the identity of the author and to sign his name on the work. It can be seen from this that the right of authorship and the author are closely linked.
The social function of the right of authorship is to demonstrate the identity of the author through the exercise of the right and reflect the relationship between the author and the work. While affirming the author's contribution in the creation of the work, it also allows the public (such as readers) to Identify the author and his works. It is the inseparability of the right of authorship and the author himself that determines that in commissioned creations, it cannot be agreed that the right of authorship belongs to the client (non-author). Otherwise, according to Article 10 of the Copyright Law According to the provisions of the second item of this paragraph, this agreement is invalid from the beginning.
Issues such as "buying and selling authorship rights" that have emerged in publishing practice have attracted attention from all walks of life.
3. Right of modification
The right of modification is the right to modify the work or authorize others to modify the work. The question about this right is that the exercise of the right to modify the commissioned work is directly related to whether the modification of the commissioned work will constitute Adverse infringement or influence on the work itself and the author (the trustee).
Just imagine, if the right to modify the commissioned work can be stipulated in the commissioned creation contract to belong to the client, then the client has the right to decide matters related to the exercise of the right to modify, including the time, content and purpose of the revision. Candidates, etc. As the trustee, the author cannot control how to modify the work. The modified work may be contrary to the author's creative wishes and opinions, and the professional level of the work may be reduced, which may be detrimental to the author. The author's personal interests may be affected by this. There is no remedy for derogation. At the same time, when the first edition of a commissioned work is signed by the trustee, and when the author loses control of his work, as the number of revisions of the workAs the number of works increases, the "blood" relationship between the work and the author (trustee) is likely to become increasingly "blurred". This situation is also not conducive to society judging the author's work based on his existing influence. Therefore, the client and the trustee cannot agree that the right to modify the commissioned work belongs to the client.
Of course, the above is simulated and enjoyed by the client The right of modification does not apply to modifications to the commissioned work. In publishing practice, when the publisher actively participates in topic planning, manuscript compilation, organization of creative activities, investment of funds, bearing market risks, etc., the publisher may consider signing a commissioned creation contract with the trustee so that he can Bear more obligations and occupy more copyright resources at the same time. In this case, if the publisher cannot exercise the right of amendment to decide on the publication of the revised version, it means that the publisher has very limited control over the market for the commissioned work. Its costs and benefits are not balanced. Therefore, the principal can negotiate with the trustee on authorization modifications if necessary. Because, according to the provisions of the Copyright Law, the trustee can authorize the principal to modify the work.
4. Protect the integrity of the work
Protecting the integrity of a work means protecting the work from distortion or tampering right. Works reflect the specific personality content of the author to a large extent. If the author cannot protect his works from distortion and tampering, it is as if his personality rights are in danger of being infringed upon by others at any time and he has no right to provide relief. Therefore, this right cannot be agreed between the client and the trustee, but should be enjoyed by the author.
Of course, when the trustee authorizes the principal to exercise the modification In the case of copyright infringement, the author shall not prevent the principal from making modifications in accordance with the agreement on the grounds of protecting the integrity of the work.
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