Traditional Culture Encyclopedia - Photography and portraiture - Is copyright a personality right or an identity right?
Is copyright a personality right or an identity right?
(a) the right to publish, that is, the right to decide whether the work is open;
(2) the right of signature, that is, the right to indicate the identity of the author and sign his name on the work;
(3) the right to modify, that is, the right to modify or authorize others to modify a work;
(four) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering.
Among them, the right of signature is the right of personality, and others are the right of identity. The specific reasons are as follows: personality rights specifically include: life rights, body rights, health rights, personal freedom rights, privacy rights, reputation rights, honor rights, name rights, name rights, portrait rights and so on.
The characteristics of personality right are as follows: (1) Personality right is an original right, which is innate. At this time, personality right, like capacity for rights, begins at birth and ends at death. As far as personality rights are concerned, the acquisition of rights is irrelevant. In the right to name, the obligee obtains the right to a name, perhaps from the time of naming or from the time of use, but it is still necessary to say that he has the right to use a special name from birth. (2) Personality right is an exclusive right, or an exclusive right. The right of personality is exclusive to the obligee and cannot be transferred or inherited. Like capacity for rights, it cannot be abandoned or exercised by others. (3) Personality right is an absolute right, exclusive and related to the world. The right of personality can fight against everyone. When the right of personality is infringed, there are all kinds of claims, just like when the property right is infringed. The right of identity refers to the civil rights of citizens arising from their specific identity. It is also an important part of personal rights. Not everyone has the right to identity. The right of identity mainly includes the right of honor, copyright, invention, patent, trademark and other intellectual property rights, such as personal rights, guardianship and parental rights.
Intellectual property is the identity of the owner, and it is the identity right that appears as the copyright owner, inventor and patentee. The retention time of this right of identity is consistent with the protection period of intellectual property rights by the state. For example, according to China's copyright law, the term of copyright protection by the state is 50 years after the author's death.
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