作者精神权利的独立性

作者精神权利强调保持作者与作品的正当联系,保护作者的人格利益。长期以来,学界对精神权利的地位一直存有争议。从对精神权利的内容、基础与一般人格权的区别以及作用等方面的分析可以看出,精神权利具有其自身的独立性。同时,精神权利理论与相关的立法文件和司法实践之间也存在不相协调之处,应当对其绝对性原则加以修正,重视和尊重作者对于其作品的意志自由。

The Independency of Moral Rights

Moral rights put emphasis on to keep the justified link between an author and his or her works, and to protect the personality of an author. There has been being controversies on the independency of moral rights for a long time in the academic circles. It can be demonstrated that moral rights are independent based on the analysis of the content, basis , differences between moral rights and general personality right, and roles of moral rights. Meanwhile, there are contradictions between the absolute principle of moral rights and related legal documents and judicial practices. The absolute principle should be amended. The freedom of will for an author to dispose of his or her works should be given adequate attention and respect in the premise that the public interests is not impaired while the justified link between an author and his or her works is being protected.