| Digital technology has given birth to new ways of creation and dissemination. With the gradual expansion of the scope of authors, the emergence of new types of works, and the rise of collective creation models, the right of integrity, as the core of the moral rights system, is facing many challenges, including the ambiguity of authors’ identity, the complexity of the types of works and the impact of the concept of sharing works. The right of integrity was originally aimed at protecting authors’ personality right and ensuring the purity of thought and spirit in the process of dissemination. However, the fundamental change in the mode of creation makes the theoretical presupposition of moral rights on the premise that “the work embodies the personality” more vulnerable. The function change is promoted by the weak personal attribute and strong property attribute of the right of integrity. The modern development of the right of integrity should be brought in line with the specific purpose of property transactions and the relationship between the right of integrity and the right of adaptation should be re-examined. In order to meet the requirements of the international conventions on the protection of the right of integrity, it’s imperative for China to analyze various results of “distortion and alteration” in judicial practice, so that the function of the right of integrity may be replaced by the right of reputation or by the rights of adaptation and reproduction. The provisions on the right of integrity in relevant laws can be deleted by means of legislative amendments when the time is ripe. |
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