我国著作人身权与著作财产权的冲突与协调

The Conflict and Coordination between Personal Rights and Property Rights of Copyright in China

一方面,对于著作人身权与著作财产权的关系,我国著作权法基本上采取了“二元论”的立场,即我国对基于作品而产生的既相互独立又彼此有联系的著作人身权与著作财产权分别赋予作者相应的权利加以保护;另一方面,由于各项权利中包含的人身利益和财产利益彼此交叉、边界模糊,加之两项权利在行使规则上存在一定差异,致使著作人身权与财产权归属不同并进一步导致两类权利行使冲突现象的发生。通过结合司法实践可知,对于我国而言,发表权与著作财产权的冲突以及保护作品完整权与著作财产权的冲突是当前著作人身权与财产权之主要存在冲突所在。因此,本文在理清著作人身权与财产权冲突发生之根源的前提下,欲探究协调我国著作人身权与著作财产权冲突之准则,并且进一步对我国现行著作权法相关条文提出了修订的建议,以期更好地解决实践中面临的困境。

On the one hand, on the relationship between personal rights and property rights, China’s copyright law basically adopts the position of “dualism”, that is, China protects the personal rights and property rights of authors, which are independent and related to each other, and give authors corresponding rights;on the other hand, due to the fact that the personal and property interests contained in the rights intersect with each other and the boundaries are vague, coupled with the differences between the two rights in the exercise of the rules, resulting in a conflict between the personal rights of the copyright and the property rights, which is attributed to a different property right, thus leading to a conflict in the exercise of the right. Combined with practice, it can be seen that for China the conflict between the right of publication and the right to copyright property, as well as the conflict between the right to protect the integrity of a work and the right to copyright property, are the main conflicts between personal rights and property rights. Therefore, on the premise of clarifying the root causes of the conflict between personal rights and property rights, this article intends to explore the guidelines for reconciling conflicts between them, and further proposes amendments to the relevant provisions of the current Copyright Law, in order to better solve the dilemma faced in practice.