Dec 26, 2008

Can the Moral Right be Transferred and Waived?

Can the Moral Right be Transferred and Waived?
A Positive Research to the Chinese Copyright Law

DONG Hao

(Law School, Yunnan University, Kunming 650091, China)

Abstract: This article reviews the possibility of the transferring and / or waiving the moral rights stipulated in Chinese current Copyright Act. The premise of this discussion is: copyright in Chinese legislation is by nature a kind of statuary right but not natural right. Based on this precondition, this article positively analyzes the moral rights in Chinese copyright law and draws the following conclusion: (1) the right of publication can neither be transferred nor be waived; (2) the right of revision cannot be transferred but can be waived; (3) the right of integrity can neither be transferred nor be waived; (4) the right of attribution can be waived, and when the law accept the conception of transferability, it can be transferred then.

Keywords:

Copyright, Right of Attribution, Right of Publication, Right of Revision, Right of Integrity

This paper has been accepted by the Journal of Yunnan University - Law Edition, the full-text will be provided after the publication. Please visit the following page later and see the update.

http://www.blawgdog.com/article.asp?id=772

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