摄影作品的著作权主体

Possessor of Intellectual Property Rights of Photography Works

摄影作品作为一种特殊的精神产品,它的著作权主体问题也有其特殊性。着重从摄影作品著作权主体和客体关系的角度,研究了著作权主体在摄影作品中的体现。比较2001年10月根据全国九届人大第二十四次会议修改通过的新《著作权法》与修改前的《著作权法》若干条文,提出了将"事实上的拍摄者"与"法律意义上的拍摄者"都归为"原始主体",与"原始主体"相对应的是"继受主体",并对"继受主体"分四种情况进行研究。

As photography works are special spiritual commodities, the issue of the possessor of his intellectual property rights has its own characteristics. This paper is focused on the research of the possessor of intellectual property fights of photography works from the per- spective of the relation between the possessor and his fights. The study, on the basis of the comparison between the articles in the Law on Intellectual Property Rights before and after revised and passed at the 24th session of the 9th National Peopleg Congress in October 2001, concludes that a photographer in fact and a photographer in law both belong to an original possessor. An inheritor possesser is opposite to an original possessor, and a research is made on an inheritor possesser under four different circumstances.