纪实文学作品著作权归属问题研究

On Copyright Ownership of Novels Based on Actual Events

对于纪实文学作品的著作权归属,在我国存在不同的看法。作品是作者创作的。著作权制度的宗旨是保护作者的权利和鼓励创作。一般情况下,著作权属于作者。我国《著作权法》也在特定的情况下,把著作权归属于作者所在的单位或者委托人。纪实文学记述的事件,是曾经发生过的事实,因此具有一定的特殊性。但是,对于纪实文学作品的著作权归属,仍然可以在辨明作者之后,依照法律的规定进行判断。

On the copyright ownership of novels based on actual events, there are different views in China. It is the author whose creative work gives birth to a novel. Copyright system is established essentially for the protection of author＇s right and the promotion of creative activity. Under normal circumstances, copyright is vested in the author. Under specific circumstances, Copyright Law of China vests copyright ownership in the employer or the commissioning party. Novels based on actual events record things that happened before, and thus it has some special characteristics. However, the judgment of the ownership of their copyright can still be made in accordance with the provisions of the law, after the ascertainment of their authors.