The Study on the Succession for the copyrights

• Main Authors: FENG-Jung HUANG, 黃鋒榮
• Other Authors: Sheng-Chen Tseng
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/99470073620489264672

碩士 === 嶺東科技大學 === 財經法律研究所 === 97 === Abstract Authors of works protected under the Copyright Act have both economic and moral rights. Economic rights are alienable. An author's moral rights, which are inalienable. Independently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to the said work, which would be prejudicial to his honor or reputation. This article will discuss the theories of ROC copy rights law, it examines the vicarious cases and statutes by analyzing the current law . Secondly, this article is going to introduce the U.S. cases and judicial decisions. Thirdly, it argues that the law should intervene to preserve the integrity of licensed publications distributed in the American market and considers exempting as a fair use, in limited circumstances as a means of better channeling the incentives of the creators and their licensees to avoid these market failures. Finally, the analysis is assessing how the law of copy rights fails to lay a reasonable template for resolving complex issues of technological change.