论署名权转让及其法律效力

On the Transfer of the Right of Authorship

对于署名权可否转让的问题,学界有正反两方面的意见。署名者为作者,作者得以在作品上署名,这是共识性的社会经验事实,著作权法有关署名权概念的设定和相关法律规则的设计,应当予以尊重。从解释论和立法论两个角度看,都应当认为署名权不得为法律意义上的转让,实际创作者与他人达成的署名权转让合意应属无效。从法律完善的角度,修改中的著作权法应当明确署名权不得转让的立法态度,而规定对特定作品的署名权得依合同约定或行业习惯等加以限制。

As for the transfer of the right of authorship, there are pros and cons in the academic circle. It is an experimental fact that the body whose name is affixed to the work is the author and only the author has the right to claim authorship. This fact should be took into serious consideration in the process of defining the concepts and rules. According to both the theories of interpretation and legislation, it is not allowed to transfer the right of authorship and the contract on this should be invalid, which should be explicitly stipulated in the amendment of the copyright Law. Additionally, the right of authorship could be restricted by the consent of the parties or usage of trade.