著作权侵权案件的律师视野分析——以景德镇三位大师陶瓷著作权侵权案为例

Analysis of the Lawyers' Horizons on Copyright Infringement Cases——Taking the Copyright Infringement Cases Concerning the Ceramic Works of Three Masters in Jingdezhen for Example

从律师视角对景德镇三起极具影响力的大师陶瓷侵权纠纷案进行分析梳理,展示近二十年来景德镇陶瓷著作权法律保护所走过的路径及脉络,并就此三起著作权案探讨了著作权纠纷案管辖选择的技巧、物权转让和著作权转让的关联性和区别以及侵犯著作权和侵犯名誉权的伴生关系,呼吁法律学者和律师群体关注景德镇陶瓷知识产权案件的提升和打造。

From the perspective of the lawyer, this paper analyzes three influential cases of copyright infringement regarding the works by three ceramic art masters in Jingdezhen, and reveals the legal path Jingdezhen has taken to protect its ceramic copyright in the past two decades. Besides, based on the three cases, this paper discusses the jurisdiction-choosing methods related to the copyright cases, the relationship and difference between the transfer of real right and copyright transferring, and the associated relationship between the infringement of copyright and the infringement of reputation right. In the conclusion, the author calls on legal scholars and lawyers to attach more importance to the ceramic intellectual property cases in Jingdezhen .