论文部分内容阅读
临摹作品是否享有著作权,在理论界一直存有争议。我国2001年修订后的《著作权法》删除了90年《著作权法》将临摹视为一种复制手段的表述,可以认为是对临摹品完全不享有著作权这种观点的否认。至于是不是临摹品就一定享有著作权,这关系到对临摹品独创性的认定,大多数国家的立法模式是要求法官结合具体案例和情况加以认定。享有著作权的临摹作品应当如何行使其著作权,这也要结合原作品著作权来进行分析。
It is controversial in theorists that copywriting works have copyright. The Copyright Law, amended in 2001 in our country, deleted the 90-year “Copyrights Law” which regarded copying as a means of copying. It can be regarded as a denial of the view that copyclaims have no copyright at all. As for the copyrights, copyrights must be enjoyed, which is related to the determination of the originality of the copycat products. In most countries, the legislative mode requires the judges to identify them according to specific cases and circumstances. How copyrights of copyrighted works should be exercised should be analyzed in conjunction with the copyright of the original works.