对著作人身权转让的思考

学界对版权贸易中精神权利的协调问题有四种理论,即精神权利穷竭说、人身权利放弃论、人身权利合理使用论、精神权利转让论。通过比较分析,我们认为允许精神权利转让是可行的。

A View on Transferability of the Moral Right

In academic circles,there are four different theories on how to coordinate the moral right in trading in copyright. They are the theory of the exhaustion of the moral right, the theory of the waiver of the rights of the person, the theory about the rational use of the rights of the person and the theory of transferability of the moral right. By making a special study of them, we consider that it is feasible to permit the moral right to be transfered.