发表权研究
发布时间：2018-10-24 09:01
【摘要】：《中华人民共和国著作权法》第10条确认了16种著作人身权和著作财产权,发表权属于其中之一,并且作为各种著作权类型的首要权利而受到保护,在整个著作权权利体系中占有重要地位。作者将作品创作完成后,如果不行使其发表权,其他任何精神权利或者经济权利均无从行使。目前世界上很多国家都对发表权进行保护,包括将发表权的概念直接规定在相关法律条文中来保护,也包括在司法实践的相关判例中给予保护。 随着社会的飞速发展,发表权作为作者的一项基本权利,受到了社会现实问题的冲击,出现了很多具体问题。因此,关注发表权制度,在当今社会显得尤为重要。但是,目前我国对发表权的研究还不成熟,本文在结合我国国情的基础上通过比较借鉴的方法了解他国及相关公约对发表权的保护和态度,以期做到取人之长,使我们的发表权制度更加合理。保护作者的发表权不仅是对作者人身利益的保障,也是对作者财产权利的促进,从大的环境来讲,保护发表权有利于国际间文化交流和传播的顺利进行。 本文选择发表权作为研究课题,立足于各国立法及实践,研究和探讨发表权的基本理论、法律保护以及发表权中的几个特殊问题。 文章正文主要分为三部分。 第一部分主要阐述发表权的基础理论。该部分从发表权观念的产生及沿革入手,从历史的角度还原发表权存在的早期形态——观念上的发表权。进而,又对发表权的概念、特点,其与相近概念的比较以及发表权性质问题进行介绍,以便为下文打下理论基础。 第二部分主要对发表权制度进行比较分析。首先,介绍了《伯尔尼公约》和《世界版权公约》对发表权的态度。接着,介绍英美法系国家和大陆法系国家对发表权保护的态度。最后,对国外发表权制度进行评析与总结,以期对完善我国发表权制度有一定的借鉴意义。 第三部分论述我国发表权制度的发展与完善。首先,谈到我国著作权法上发表权,介绍我国保护发表权的现状。之后,对目前我国发表权制度中的热点问题：网络发表权、私人书信发表权,以及作者死亡后作品的发表权,来分别进行介绍和分析,提出它们面临的现实问题,并就此分别提出立法建议。
[Abstract]:Article 10 of the copyright Law of the people's Republic of China recognizes the personal and property rights of 16 works, of which the right to publish is one of them, and is protected as the primary right of various types of copyright. It plays an important role in the whole copyright system. If the author does not exercise his right to publish, no other spiritual or economic rights can be exercised. At present, many countries in the world protect the right of publication, including the concept of the right of publication to be directly stipulated in the relevant legal provisions to protect, but also in the judicial practice of relevant jurisprudence to protect. With the rapid development of society, the right to publish, as a basic right of the author, has been impacted by the social reality, and many concrete problems have appeared. Therefore, it is very important to pay attention to the system of publication right. However, at present, the research on publication right in our country is not mature. This paper, on the basis of combining our country's national conditions, understands the protection and attitude of other countries and related conventions on publication right by means of comparative reference, in order to achieve the advantage of human being. Make our publication right system more reasonable. The protection of the author's right of publication is not only the protection of the author's personal interests, but also the promotion of the author's property rights. From the general environment, the protection of the right of publication is conducive to the smooth international cultural exchange and dissemination. This paper chooses the right of publication as the research subject, based on the legislation and practice of various countries, studies and discusses the basic theory of the right of publication, legal protection and several special problems in the right of publication. The text of the article is divided into three parts. The first part mainly expounds the basic theory of the right of publication. This part starts with the emergence and evolution of the concept of the right of publication, and restores the early form of the right of publication from the historical point of view-the right of publication on the concept. Furthermore, this paper introduces the concept and characteristics of the right of publication, its comparison with similar concepts and the nature of the right of publication, in order to lay a theoretical foundation for the following. The second part mainly analyzes the system of publication right. Firstly, it introduces the attitude of the Berne Convention and the World copyright Convention to the right of publication. Then, it introduces the attitude of Anglo-American law countries and civil law countries to the protection of publication right. Finally, this paper analyzes and summarizes the foreign publication right system in order to perfect the publication right system in our country. The third part discusses the development and perfection of publication right system in China. First of all, we introduce the present situation of copyright right protection in our country. After that, this paper introduces and analyzes the hot issues in the present publishing right system of our country: the right to publish on the Internet, the right to publish private letters, and the right to publish the works after the author's death, and puts forward the practical problems they face. And respectively put forward legislative proposals.
【学位授予单位】：河北经贸大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D923.41
本文编号：2290935
[Abstract]:Article 10 of the copyright Law of the people's Republic of China recognizes the personal and property rights of 16 works, of which the right to publish is one of them, and is protected as the primary right of various types of copyright. It plays an important role in the whole copyright system. If the author does not exercise his right to publish, no other spiritual or economic rights can be exercised. At present, many countries in the world protect the right of publication, including the concept of the right of publication to be directly stipulated in the relevant legal provisions to protect, but also in the judicial practice of relevant jurisprudence to protect. With the rapid development of society, the right to publish, as a basic right of the author, has been impacted by the social reality, and many concrete problems have appeared. Therefore, it is very important to pay attention to the system of publication right. However, at present, the research on publication right in our country is not mature. This paper, on the basis of combining our country's national conditions, understands the protection and attitude of other countries and related conventions on publication right by means of comparative reference, in order to achieve the advantage of human being. Make our publication right system more reasonable. The protection of the author's right of publication is not only the protection of the author's personal interests, but also the promotion of the author's property rights. From the general environment, the protection of the right of publication is conducive to the smooth international cultural exchange and dissemination. This paper chooses the right of publication as the research subject, based on the legislation and practice of various countries, studies and discusses the basic theory of the right of publication, legal protection and several special problems in the right of publication. The text of the article is divided into three parts. The first part mainly expounds the basic theory of the right of publication. This part starts with the emergence and evolution of the concept of the right of publication, and restores the early form of the right of publication from the historical point of view-the right of publication on the concept. Furthermore, this paper introduces the concept and characteristics of the right of publication, its comparison with similar concepts and the nature of the right of publication, in order to lay a theoretical foundation for the following. The second part mainly analyzes the system of publication right. Firstly, it introduces the attitude of the Berne Convention and the World copyright Convention to the right of publication. Then, it introduces the attitude of Anglo-American law countries and civil law countries to the protection of publication right. Finally, this paper analyzes and summarizes the foreign publication right system in order to perfect the publication right system in our country. The third part discusses the development and perfection of publication right system in China. First of all, we introduce the present situation of copyright right protection in our country. After that, this paper introduces and analyzes the hot issues in the present publishing right system of our country: the right to publish on the Internet, the right to publish private letters, and the right to publish the works after the author's death, and puts forward the practical problems they face. And respectively put forward legislative proposals.
【学位授予单位】：河北经贸大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D923.41
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