Abstract:
Legislature has made clear provisions on inheritance in Article 124 of the Civil Code of the People’s Republic of China, leaving the systematic construction of copyright inheritance rules incomplete within both the Inheritance Section of the Civil Code and the Copyright Law of the People’s Republic of China. Concerning the inheritability of moral rights, existing theories, whether supporting or deconstructing traditional inheritance law principles, exhibit flaws such as conflicting arguments, concealed rationales, and overly selective interpretations conflict argument, concealment argument and limitation argument. Current law should no longer equate inheritable economic interests with copyright-related property rights but should instead interpret these as “economic interests in a work”, encompassing elements like character images and names within the work. Copyright-related moral rights protection, in turn, pertains to the “work + author’s personality identification”, with personality identifiers encompassing both moral and property interests. Consequently, whether and to what extent moral rights can be inherited depends on the property nature of these personality identifiers. Copyright inheritance should follow the “limited inheritance theory,” imposing restrictions both on the exercise boundaries of property rights and on the inheritable scope of moral rights. Notably, the current legal design for moral rights inheritance rules lacks clarity, necessitating adjustments during the amendment process of the Regulations for the Implementation of the Copyright Law of the People’s Republic of China.