중국 저작권법상 저작인격권에 관한 고찰

Abstract

The purpose of this study is to consider the moral right in Copyright Act of China. Now the works related to the culture in Korea have gained popularity in not only Southeast Asia but also China. But Gaining popularity in the contents(works) related to our culture, the seriousness on infringement of copyright in using our works has together increased with it. Especially the problem of infringement of copyright has continuously increased. Accordingly, the understanding on Copyright Act of China is necessary in domestic scholars as well as overseas businesses in China. The Copyright Act of China, involving a few systems of Anglo-American law, is on the basis of Continental law. Especially, Because the provisions of Copyright of China related to the author's moral right adopted the provisions of Continental law, the scope in comparison with Continental law related to the author's moral right is very extensive. In a word, the Copyright Act in the nations of Anglo-American law provides only author's right of attribution and right of integrity, the Copyright Act of China related to moral rights provides author's right of disclosure, right of attribution, right to allow the modification of author's work and right to prohibit the modification of author's work(right of integrity). As compared with our Copyright Act, the provisions related to moral right of the Copyright Act of China are kin to ours. Also, as above-mentioned, the increase in these using our works is also inherent dormant anxieties and actually comes about of infringement of copyright. Therefore the judgements related to moral right in the court of China has together increased with. Accordingly this thesis examines author's moral right related to the judgement of court and Copyright Act of China.