On the Optimization of the Scope of Protection for the Right of Alteration and the Right of Integrity

Abstract

There have been great disputes on the scope of control over the right of alteration and the right of integrity in China’s Copyright Law. In the judicial practice of the courts, there is also confusion about blurring the boundary of rights and different standards of infringement. The right of Alteration can be regarded as a “right to support the bottom” and jointly control others’ unauthorized alteration of the author’s works together with the right to protect the integrity of the work. At present, judicial practice adopts objective standards to judge the infringement of the right of integrity, while distortion and tampering are highly subjective judgments. If an act of revision is not considered to be “likely to cause damage to the author’s reputation”, even if the author subjectively thinks that they have been greatly violated, the act will not be considered as an act violating the right of integrity of the work. The right to alter can be interpreted as the exclusive right to judge the infringement by subjective standards and to expand the scope of protection of the personal rights of works. Weak tort relief is adopted to prevent the imbalance between the public interest and the author’s interest.