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著作权一体两权的特征使其转让行为颇为复杂,特别是囿于传统民法理论,著作人格权的不可转让性构成了版权贸易不可逾越的障碍。近年,随着理论界的不断博弈和版权贸易的繁荣发展,一些学者已经承认部分著作人格权可以转让。但需要明确,署名权是特殊的人格权,也是著作权法秩序赖以存在的基础,更是维护社会知识创造的根本动力,讨论著作人格权转让问题的底线是作品署名权不可转让。
The characteristics of the two rights in one copy of the copyright make it quite complicated to transfer. In particular, due to the traditional civil law theory, the non-transferability of the personality rights of authors constitutes an insurmountable barrier to copyright trade. In recent years, with the constant game of theoretical circles and the prosperous development of copyright trade, some scholars have acknowledged that some of the author’s personality rights can be transferred. However, it needs to be clear that the right of signature is a special right of personality. It is also the basis for the existence of the order of copyright law. It is also the fundamental motivation for the maintenance of social knowledge creation. The bottom line of the discussion on the transfer of personality rights is that the right of art work can not be transferred.