动物画作的著作权研究——以实证主义为视角

A Copyright Study of the Animal Drawings: From the Perspective of Positivism

动物的画作在实践中被展览、拍卖,涉及到诸多权利义务关系,需要法律来确认和调整。动物是否可以成为法律主体,长久以来存在激烈的争论。但是,为了满足社会的发展需求,及时处理新问题,我们可以确认动物在著作权法中的主体地位。采取类似无民事行为能力人的模式,赋予主人一定的法定代理权。

In practice, animal drawings have been exhibited and auctioned. This is involving many rights and obligations relationships, which need to be confirmed and regulated by law. Although there has been a long vigorous discussion about whether or not animal should have the capacity as a subject of law, we can confirm animal＇ s legal subject position of copyright to meet the developing demands of society and deal with new problems. Taking persons without capacity for civil conduct as a model and endowing master with legal proxy could be the solution