论美术作品著作权与原件所有权

Legal Questions in International Art Work Trading

美术作品转让后,美术作品著作权人与美术作品原件所有人之间常会因权利的行使而发生矛盾冲突。本文结合我国和有关国家的立法与实践,重点阐述了美术作品著作权与所有权之间的区别、相互影响的关系以及如何解决著作权人与原件所有权人之间权利行使的冲突。

After the transfer of the art works, conflicts often arise out of the excising of rights by the copyrighters and the owners. Based on the practices and legislations of China and other concerned countries, this paper focuses on the differences between the copyright and ownership of the art works, the influential relationship between the two rights as well as how to avoid the conflicts arising out of the excise of the two rights.