Abstract
Although copyrights are often regarded as a branch of intellectual “property” rights, understanding moral rights in copyright law through the right of property causes discord in terms of the nature of rights. This article argues that moral rights are constitutionally grounded on the freedom of expression. The spirit of the freedom of expression centers on the self-control over one’s own expression. The content of moral rights is consistent with this core concern of the freedom of expression and can be covered by the realm of this constitutional right. Moreover, the freedom of expression and moral rights are both personality rights in nature and, therefore, associating moral rights with the freedom of expression poses no theoretical difficulty. This argument clarifying the constitutional basis of moral rights will significantly implicate and valuably contribute to the operation of judicial review and the construction of copyright legal scheme.