论作品标题的法律保护

The Legal Protection Of the Title Of Works

作品标题的纠纷不断发生 ,有关法律规定却是空白。作品标题的版权性虽然争议较大 ,但从有关国际公约和大陆法系国家著作权法的规定看 ,并不排斥著作权法保护作品标题。保护作品标题的最佳法律模式是应根据作品标题是否具有独创性、知名度或显著特征的不同情况 ,决定是否对其分别给予著作权法、反不正当竞争法或商标法保护。

Disputes concerning the titles of works are constantly brought about in China,but are not effectively regulated and there exists no stipulations in any Laws of China as to the legal protection of these titles. The copyright protectability of the titles of works has long been controversial in China not only in the theoretical field of legal study but also in practice. Based on a detailed analysis of the relative international conventions and copyright legislation in the civil law countries, the author of the thesis thinks that copyright law itself in these conventions and legislation do not exclude the protection of the titles of works. The best mode for the protection of the titles of works will take into consideration the originality、goodwill and distinctive characters of these titles of works so that the title of works can be effectively protected in accordance with relevant provisions in the copyright law, unfair competition law as well as the trademark law in China.