试论我国保护作品完整权的侵权判定标准——从《九层妖塔》案说开去
发布时间：2018-08-22 11:55
【摘要】：保护作品完整权是指消极控制他人歪曲、篡改作品的改动行为。实践中对于"歪曲""篡改"存在两种判断侵权标准:存在违背作者原意(主观标准)与损害作者声誉(客观标准)。何种程度的改动才是"歪曲、篡改",应回归保护作品完整权的功能进行理解。保护作品完整权的功能在于维护作者人格利益,即保持作者思想与作品表达的同一性。就客观标准而言,"歪曲"、"篡改"是指改变作者思想与作品表达的同一性,其有可能会造成公众对作品是否为作者创作的误解,但并不一定会造成作者声誉损害,故不应以损害作者声誉为要件。主观标准也更适用于作品未发表状态下的侵权判断。两种标准本质上都因破坏作者思想与作品表达的同一性而引起。故而,我国的歪曲、篡改之内涵应采取同一性标准,只要违背作者原意即可能侵犯了保护作品完整权。
[Abstract]:The right to protect the integrity of the work refers to the negative control of others to distort and tamper with the alteration of the work. In practice, there are two kinds of criteria for judging infringement of "distortion" and "tampering": violating the author's original intention (subjective standard) and damaging the author's reputation (objective criterion). The degree of alteration is "distortion, tampering", which should be understood by the function of protecting the right to complete works. The function of protecting the right to the integrity of a work is to safeguard the interests of the author's personality, that is, to maintain the identity of the author's thought and the expression of the work. In terms of objective criteria, "distortion" and "tampering" refer to changes in the identity of the author's ideas and the expression of the work, which may cause public misunderstanding as to whether the work is created by the author, but it does not necessarily cause damage to the author's reputation. Therefore, the author's reputation should not be damaged. Subjective criteria are also more applicable to the judgment of infringement in the state of unpublished works. Both standards are essentially caused by the destruction of the identity of the author's thought and the expression of his work. Therefore, the connotation of distortion and tampering in our country should adopt the criterion of identity, as long as it violates the author's original intention, it may infringe the right to protect the integrity of the work.
【作者单位】： 华东政法大学知识产权学院;
【分类号】：D923.41
，
本文编号：2197026
[Abstract]:The right to protect the integrity of the work refers to the negative control of others to distort and tamper with the alteration of the work. In practice, there are two kinds of criteria for judging infringement of "distortion" and "tampering": violating the author's original intention (subjective standard) and damaging the author's reputation (objective criterion). The degree of alteration is "distortion, tampering", which should be understood by the function of protecting the right to complete works. The function of protecting the right to the integrity of a work is to safeguard the interests of the author's personality, that is, to maintain the identity of the author's thought and the expression of the work. In terms of objective criteria, "distortion" and "tampering" refer to changes in the identity of the author's ideas and the expression of the work, which may cause public misunderstanding as to whether the work is created by the author, but it does not necessarily cause damage to the author's reputation. Therefore, the author's reputation should not be damaged. Subjective criteria are also more applicable to the judgment of infringement in the state of unpublished works. Both standards are essentially caused by the destruction of the identity of the author's thought and the expression of his work. Therefore, the connotation of distortion and tampering in our country should adopt the criterion of identity, as long as it violates the author's original intention, it may infringe the right to protect the integrity of the work.
【作者单位】： 华东政法大学知识产权学院;
【分类号】：D923.41
，
本文编号：2197026
本文链接：https://www.wllwen.com/falvlunwen/minfalunwen/2197026.html
