我国著作权法署名推定规则的研究

Signature Presumption Rules in China’s Copyright Law

通过作品上的署名推定作品之权属是署名推定规则的实践运用,但司法实践中类案异判的现象却经常产生,这种类案异判的现象持续吸引着社会各界的高度关注。针对此类现象,文章进行了以下研究。首先,通过检视国内外有关署名的法律规范,对比分析不同法律规范关于署名规则的表述。其次,分析司法实践中类案异判的原因,指出产生司法裁判的差异是由于我国著作权法署名规则的不完善所致。最后,认为应当创设权利人标记权,进而完善我国著作权法署名规则。

The presumption of the copyright of a work through the signature on the work is the practical application of signature presumption,but the phenomenon of different judgments in the same kind of cases in judicial practice often occurs,and continues to attract substantial concern from all walks of life.The present research has found out that the root cause for the phenomenion is the imperfection of the signature rule of China's copyright law.The solutions were proposed.Firstly,the expressions of signature rules of different legal norms were comparatively analyzed after a review of legal norms related to domestic and foreign signatures.Secondly,the reasons for different judgments in the same kind of cases in judicial practice were analyzed,and it was pointed out that the difference in judicial decisions is due to the imperfection of the attribution rules of China's copyright law.Finally,it is believed that the right holder's right to mark should be created to improve the signature rules of China's copyright law.