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X36. Moral Rights

by ip901 2022. 12. 2.
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1. Moral Rights

Moral rights include the right of publicity, the right to indicate one's name, and the right to maintain identity, and the right of reproduction is a type of author's property right.

If the owner of a nude painting paints the nude painting, it constitutes an infringement of the author's right to maintain identity among the moral rights of the author.

 

1) Types of author's moral rights

- The right to decide whether to make public his or her unpublished

- Right to maintain identity: The right of the author to maintain the identity of the content/form and title of his or her work

- Restriction on the right to maintain identity: Change of expression within the scope recognized as unavoidable for the purpose of school education, extension/reconstruction of buildings, and other Transformation, etc.

* Example of infringement of the right to maintain identity: An act of deleting and publishing a part of the manuscript due to restrictions on application, space constraints, or budgetary considerations, such as advertising for a university thesis prize contest (applicants must ask for permission in advance), editing cutting or deleting some faces or corners to fit them to a convenient size, or painting over them by the owner to achieve the same effect as being clothed in nude shoes.

 

2) Personal property

- Moral right of author is exclusive

to the author - After the death of the author, a person who uses his work must not engage in an act that would infringe the copyright if the author was alive (However, the nature of the act Exceptions are cases where it is recognized that the honor of the author is not defamed in light of social norms in light of the degree of

 

* I am not an IP expert, I am a student learning IP. Translation is also Google translator and my poor English skills. I would like to tell you about IP from the point of view of a person learning IP. I hope this helps people who are in a similar situation to me.

 

* The above is what I saw and learned from Professor Gu's intellectual property lecture. “https://cb.ipacademy.net/main.do”. It is accessible through You may not be able to see it without logging in

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