试论出租权

The Right of Works' Renting

作品出租权已为许多国家和地区立法所确认,纵览各国著作权法,关于出租权的立法模式不外乎两种类型:结合式和单独式。不同的立法模式对著作出租权是否应确认为一项独立的权利,存在不同的看法。出租权应当确认为著作权人一项独立的权利。我国著作权法对出租权的规定的不足及完善:何为出租;出租权的主体;出租权的客体。

The right of works＇ renting has been confirmed in laws by many countries and areas. Having scanned the copyright law in each country, there are two types of legislative models on the right of renting, that is, united style and independent style. As for whether the right of works＇ renting should be confirmed as an independent right, there are different views in different legislative modds. The right of renting should be confirmed as an independent right of the copyright owner. There are shortcomings as well as need of improvements, when it comes to the copyright law on the right of renting in China. For example, the definition of renting; main body of the right of renting; object of the right of renting.