On Exercise and Protection of Divulgation Right of Posthumous Works——On Legislation Perfection of Article 24 Copyright Law( Revised Draft)
Yan Li · Beijing shehui kexue · 2015
The right of divulgation is an important moral right of author. From the perspective of legislative judicial practice, the proposition of divulgation right of posthumous works have triggered a series of questions which need to be clarified. The in-depth study on exercise protection of divulgation right of posthumous works still has an important practical significance.We should positively pay attention to the right of exerciseand should also concentrate on the negative right of prohibit . So of the right of divulgation not only refers to the author 's positive right toexerciseit with a certain behavior,but also includes the author's negative right to request others to eliminate obstructions or cease infringements with purpose of protectingthe right of divulgation. We should clarify the problem of ownership exercise of divulgation right of posthumous works. Current law has an unreasonable setting defect in dealing with relationship between exercise,protection and subject. Therefore,it is necessary to make further adjustment in the manuscript of revised draft of Copyright Law.