Can the Moral Right be Transferred and Waived?
A Positive Research to the Chinese Copyright Law
(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.
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 this page later and see the update.