论作品署名权的转让

On the Transfer of Right of Authorship

依照后现代主义理论,作品与作者人格没有必然的联系。作者在作品上署名的目的在于公示自己的著作权人身份,与物权公示作用相同。著作权作为私权,在不违背公序良俗原则的前提下,可以自由转让。只要作者与著作权的受让人处于平等地位,作品署名权的自愿转让不会给社会或者他人利益造成不良影响。在法律没有明确规定的前提下,作品署名权的转让问题值得理论上的认真研究。

According to the post -modernism theory, there is no inevitable connection between the author＇s personality and the works he writes. The purpose of signing his name on his works is to make his authorship public showing, which is similar to that of real right. Copyright, as a personal right, can be freely transferred to others, on the presumption that it does not break laws and regulations. Under the conditions that the author and the assignee have equal status, the behavior of transfer out of their wills will not bring any bad influence to the society and others. On the presumption that there are no written regulations, it is worth probing in theory.