| Summary: | 碩士 === 國立臺北教育大學 === 文教法律研究所 === 96 === In this study, the subject is the derivative right. The purpose is to deal with the conflict of rights. Study ways are comparing the laws in Taiwan with other countries, and analyzing the elements and limitation of the derivative right on the level of constitution. In Chapter 2 will introduce the concept of derivative right. Chapter 3 will distinguish the “extended meaning of the derivative right” into “derivative act right” and“narrowly derivative right”. The “derivative act right” means anyone act as the definition of derivative act. The constitutional basis is the freedom of expression and the artistic freedom. The “narrowly derivative right” means the unique relationship between the original authors and works, which contains the moral rights and constitutional dignity. It is also the scope of protection for property rights, and the freedom of contract. In Chapter 4 will observe the constitutional practice to have the right’s limitation and put them into the level of law of derivative right to see the limitation of derivative right. The Article 28 limits others freedom of expression and be considered violating the principle of smallest infringement. Therefore it’s possible to be unconstitutional. Finally, this study suggests that the limitation of the derivative right should be appropriately relaxed to play the legislative intention of copyright law and to be corresponded with the Constitutional spirits.
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