代写论文著作权的归属

The Adscription of Copyright of the Substituted Thesis

委托他人代写论文,在我们生活的社会大舞台上演着,并呈愈演愈烈趋势。就法律属性而言,论文代写人与定制人之间存在承揽合同法律关系,代写人创作的论文属于我国著作权法中的委托作品。论文的财产权利可从约定,但精神权利不可与作者分离。

Substituted thesis refers to the thesis published by one but written by others. There is a growing tendency in the use of substituted thesis. In terms of legality, a legal relationship is formed between the author of the thesis and the thesis user once the contract is made. The substituted thesis belongs to the type of entrusted works. Therefore, the copyright of it can be identified through assumpsit; the spirit right, however, can＇t be separated from the author of the thesis.