美术作品授权问题初探
发布时间：2019-04-10 13:06
【摘要】： 美术作品作为一种特殊的商品进入市场,艺术家主要通过两种途径获得利益:出售作品原件给他人;授权他人在原作的基础外使用该作品。其方式如授权他人对作品进行复制、展览、发行、改编等。也就由此产生了美术作品的“二次利用”问题。而本文所指的“二次利用”也就是再次发挥功能和作用的过程。美术作品的“二次利用”可以被理解为美术作品再次发挥价值的过程,并且它需要经过细致的研究、设计和制造,才能以另外一种成品的形式展现在世人面前,实现它的使用功能这样一种市场上出现的情况。美术作品在被授权进行复制、展览、发行、改编等的过程中必然会涉及到知识产权问题。最近几年,美术作品“二次利用”的热潮不断掀起,由于市场还存在一定的不成熟性,因此相关知识产权的保护仍需进一步研究和深化。本文将结合现有的法律条文并结合实证案例对美术作品“二次利用”中的知识产权保护进行研究。 本文的绪论部分,介绍论文研究的背景、目的,研究方法和整体规划,引出本次研究。第一章为美术作品授权所涉及法律综述部分,将与美术作品“二次利用”相关的著作权法进行归纳总结,介绍在实践利用对此进行授权的单位,当前的知识产权保护现状。第二章开始进入本文的论证部分,并在此章论述商业性艺术授权过程中的法律细分和适用,结合美国artkey艺术授权中心在中国的案例进行实证分析。第三章研究著作权法对私权保护过程中的利益冲突问题,即公益性艺术授权,以博物馆对馆藏文物对外授权许可进行美术作品的衍生产品开发的案例进行分析。第四章研究著作权保护年限对美术作品衍生产品授权的影响,以书画开发过程和故宫博物院的艺术授权年限为案例进行分析。最后为结论部分,总结本次研究,提出美术作品“二次利用”中授权问题的处理方案,实现全文论述的系统性和全面性。 本次研究过程中主要的创新之处包括以下三个方面:首先,本文首次以美术作品授权问题为题进行研究。以往的研究虽然有涉及此方面的内容,但大多比较分散,难以形成系统,并且研究内容只是针对局部的某一个问题,没能从整体上实现该项研究成果。其次,本文在研究过程中所涉及的实证分析案例也是对现有研究的创新。本身这一领域的研究就处于初步阶段,实证案例更是稀缺。本次研究所选的案例均属于行业内最具代表性的典型和经典案例,对于研究论证具有不可或缺的作用。最后,本文在研究中针对美术作品“二次利用”知识产权的保护方案进行了设计,弥补了现有研究的不足,并对今后的研究和实践提供了理论指导。
[Abstract]:The art works enter the market as a kind of special commodity, the artist obtains the benefit mainly through two ways: selling the original works to others; authorizing others to use the works outside the original works. Such as authorizing others to copy, exhibit, distribute, adapt, etc. It also gave rise to the problem of "second use" of art works. And this paper refers to the "second use" is the process of function and function again. The "second use" of a work of art can be understood as a process of reproducing the value of a work of art, and it requires careful research, design and manufacture in order to present itself in front of the world in the form of another finished product. The realization of its use of the functionality of such a market situation. Art works in authorized reproduction, exhibition, distribution, adaptation and other processes will inevitably involve intellectual property issues. In recent years, the upsurge of "secondary utilization" of fine arts works has been set off continuously. Due to the immaturity of the market, the protection of related intellectual property rights still needs to be further studied and deepened. This paper will combine the existing legal provisions and empirical cases to study the protection of intellectual property rights in the second use of fine arts works. The introduction part of this paper introduces the background, purpose, research method and overall planning of the paper, and leads to this study. The first chapter is the review of the laws involved in the authorization of art works. The author summarizes the copyright law related to the "second use" of art works, and introduces the current situation of intellectual property protection in the units that authorize the authorization in practice. The second chapter begins to enter the argumentation part of this article, and in this chapter discusses the legal subdivision and application in the process of commercial art authorization, and carries on the empirical analysis combined with the American artkey Art Authorization Center's case in China. The third chapter studies the conflict of interest of copyright law in the process of protecting private rights, that is, the authorization of public welfare art, and analyzes the case of developing derivative products of fine arts works by means of museum to license the foreign license of cultural relics in the collection. The fourth chapter studies the influence of copyright protection years on the license of derivative products of art works, taking the developing process of calligraphy and painting and the period of art license of the Palace Museum as examples. Finally, for the conclusion part, summarize this research, put forward the plan to deal with the authorization problem in "the second use" of fine arts, and realize the systematic and comprehensive discussion of the full text. The main innovations in the process of this study include the following three aspects: first of all, this paper focuses on the issue of authorizing art works for the first time. Although there are some contents involved in this field in the past, most of them are scattered and difficult to form a system. Moreover, the research content is only aimed at a local problem and can not realize the research results as a whole. Secondly, the empirical analysis cases involved in the research process are also the innovation of the existing research. Its own research in this field is in the initial stage, empirical cases are scarce. The cases selected in this study belong to the most representative typical and classic cases in the industry, and play an indispensable role in the research and demonstration. Finally, this paper designs the protection scheme of the "second use" intellectual property rights of art works, which makes up for the deficiency of the existing research, and provides theoretical guidance for the future research and practice.
【学位授予单位】：中央美术学院
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：J124
本文编号：2455822
[Abstract]:The art works enter the market as a kind of special commodity, the artist obtains the benefit mainly through two ways: selling the original works to others; authorizing others to use the works outside the original works. Such as authorizing others to copy, exhibit, distribute, adapt, etc. It also gave rise to the problem of "second use" of art works. And this paper refers to the "second use" is the process of function and function again. The "second use" of a work of art can be understood as a process of reproducing the value of a work of art, and it requires careful research, design and manufacture in order to present itself in front of the world in the form of another finished product. The realization of its use of the functionality of such a market situation. Art works in authorized reproduction, exhibition, distribution, adaptation and other processes will inevitably involve intellectual property issues. In recent years, the upsurge of "secondary utilization" of fine arts works has been set off continuously. Due to the immaturity of the market, the protection of related intellectual property rights still needs to be further studied and deepened. This paper will combine the existing legal provisions and empirical cases to study the protection of intellectual property rights in the second use of fine arts works. The introduction part of this paper introduces the background, purpose, research method and overall planning of the paper, and leads to this study. The first chapter is the review of the laws involved in the authorization of art works. The author summarizes the copyright law related to the "second use" of art works, and introduces the current situation of intellectual property protection in the units that authorize the authorization in practice. The second chapter begins to enter the argumentation part of this article, and in this chapter discusses the legal subdivision and application in the process of commercial art authorization, and carries on the empirical analysis combined with the American artkey Art Authorization Center's case in China. The third chapter studies the conflict of interest of copyright law in the process of protecting private rights, that is, the authorization of public welfare art, and analyzes the case of developing derivative products of fine arts works by means of museum to license the foreign license of cultural relics in the collection. The fourth chapter studies the influence of copyright protection years on the license of derivative products of art works, taking the developing process of calligraphy and painting and the period of art license of the Palace Museum as examples. Finally, for the conclusion part, summarize this research, put forward the plan to deal with the authorization problem in "the second use" of fine arts, and realize the systematic and comprehensive discussion of the full text. The main innovations in the process of this study include the following three aspects: first of all, this paper focuses on the issue of authorizing art works for the first time. Although there are some contents involved in this field in the past, most of them are scattered and difficult to form a system. Moreover, the research content is only aimed at a local problem and can not realize the research results as a whole. Secondly, the empirical analysis cases involved in the research process are also the innovation of the existing research. Its own research in this field is in the initial stage, empirical cases are scarce. The cases selected in this study belong to the most representative typical and classic cases in the industry, and play an indispensable role in the research and demonstration. Finally, this paper designs the protection scheme of the "second use" intellectual property rights of art works, which makes up for the deficiency of the existing research, and provides theoretical guidance for the future research and practice.
【学位授予单位】：中央美术学院
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：J124
【参考文献】
相关期刊论文 前2条
1 徐飞;经济一体化下的知识产权平行进口的法律规制[J];电子知识产权;2003年01期
2 王迁;论网络环境中发行权的适用[J];知识产权;2001年04期
，本文编号：2455822
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