确立编辑修改权之审思——兼评《著作权法修订草案》对相关条款的修改

Legal Refl ection on the Confi rmation of Editors' Right of Alteration

《著作权法修订草案送审稿》删除《著作权法》第34条编辑修改权条款的做法有欠妥当。建议保留原有条款,确立编辑修改权。因为确立编辑修改权是权利义务对等的法理要求,是编辑工作正常进行的必然要求,同时也与编辑为出版物付出的劳动相匹配。另外,从权利边界的视角考察,编辑修改权的确立,能够从权利相对面的维度,厘清保护作品完整权的含义和边界。

Article 34 of Copyright Law of the People＇ s Republic of China has been deleted in Draft Amendments for Deliberation Version. This modification is not appropriate to some extent. We propose Article 34 should be retained and editors＇ right of alteration be defined as a statutory right. This propostion is mainly based on the following reasons. Firstly, it is entirely justifiable to recognize editors＇ right of alteration by law according to the principle of equality of rights and obligations. Secondly, right of alteration is a major requsite for editors＇ work. Thirdly, considering editors＇ contribution to books and essays, it is reasonable to confirm this right. Last but not least, the provision of editors＇ right of alteration helps to define and illustrate the connotation and extension of the right to protect the integrity of works.