论试卷的版权归属

On the Ownership of Copyright of Examination Paper

自然人是创作试卷的主体,自然人为作者,作者对其创作的作品享有版权。然而由于我国著作权法将作者与版权所有者进行了区分,使得试卷的版权所有者多元化,确认试卷的版权归属也因此比较复杂。本文根据我国现有的法律,结合各国法律在版权问题上的相关规定,对试卷的版权归属进行了全面探讨,并提出了诸多立法建议。

Examination paper is mostly made by natural persons. As the authors of examination paper, they possess its copyright. However, since the copyright law in our country differentiates the authors from the copyright owners, the ownership of copyright of examination paper is pluralized. And hence it becomes rather complicated to identify the ownership of copyright of examination paper. On the basis of our current laws, the paper, combining relevant regulations in different countries, discusses widely on ownership of examination paper, and further puts forward quite a lot of suggestions on the relevant legislation.