The Copyright Protection Of Public Figures Letters

Under the attention of the public, the case of Q ian Zhongshu's manuscripts auction is over, in addition to Q ian Zhongshu couple's remarkable effect as public figures, his letters involves extremely complex legal issues would also make people alert or confused enough. Handwritten letter is carrying on the rea l right, copyright and privacy. From the perspective of copyright, handwritten letters can be written works, also may be art, if it is determined for the writing, the recipient can only be executed property rights to the original letter, shall not in the form of copyright to exercise public. If identified it as art, the owner of the original art works shall enjoy the right of the exhibition, it can be used by the real right person, will also made the letters to the public in exhibition manner.There are many disputes on whether can stop others' rational use by privacy and the right of publication for unpublished letters. Due to the matter of citizens' personal dignity, privacy and other private interests and freedom of express ion and other public interests, Anglo-American law system and Continental law system is very cautious on this question. From the evolution of precedents and legislation of copyright law in the United States, the rational use of unpublished works is to be admitted, it broke through the absolute rule on the grounds that the work has not been published and protect the author privacy to give complete protection for such work. Although still tend to privacy protection in the civil law countries, rational use of unpublished works basically does not allow, strict on the publication of the confidential letters, but being the exception, without permission or using letters are allowed in the legislation and judicial practice. For this artic, the rules and practical enlightenment are significance.