Research On Protection Of Authors Property Rights And Interests Based On Works Of Fine Arts

Along with more and more transactions of original artworks and copyright, it occurs to the author that there is a tendency of an increasing number of the property rights disputes. This paper is designed to research on rights and interests of author of artworks from the special properties of artwork. This paper argues that authors of artwork enjoy three kinds of interests in the fine art market, based on original artworks, copyright and authorship. Corresponds to the cases in reality, can be divided into three types:the original art work property rights disputes, copyright disputes, deceptions under an assumed name.This paper uses the "economic analysis of institution" methods for the analysis of property rights infringement disputes and property disputes, then, finds that the source of disputes is the inefficient property rights system. It has the following main aspects:the rights of integrity, access and authorship has not been effectively defined. "Market failure" "contract failure" and "government failure" lead to the failure of market regulation. High cost of the authors rights protection, omission of the organs of Public Security and Procuratorial, incapable of judicial expertise in court hearing result in imperpects of relief system.The problem of rights and interests of author of artworks is not just a legal issue, but also a cultural industry institutional issues in China. Intending to mprove the protection of interests of author of artworks needs to do as follows:First and foremost, to reinforce the effectiveness in the rights of integrity, access and authorship guaranteed to the authors of artworks.Second, government intervention integrate with self-regulation of galleries by guild. Third, dispute-settling mechanism ought to consist of Mediation, Arbitration and Litigation.