Restrictions on Moral Rights---A Comparative Study on Its Legislation and Application in Civil Law and Common Law Jurisdictions.

摘要

At first sight in copyright, moral rights seem to form a less significant part compared with economic rights. However, new technology has strongly overwhelmed traditional moral rights regime and consequently, inherent but concealed conflicts between moral rights and other legitimate interests have become increasingly prominent.;Notwithstanding recognition of moral rights doctrine shows much unevenness both theoretically and in legislation with different jurisdictions in the world, the rush of economic and informational globalization has prompted the convergence of sentiment on moral rights worldwide.;There can be no doubt that the essence of copyright, whether moral part or economic part, is to keep a "balance". How to strike such a balance in moral rights system is thus becoming the main task of this thesis. Drawing from typical countries' legislation, this thesis applies a restrictive perspective, to depict the picture of a "balanced" moral rights regime to fit in current trend of globalization.