On The Transferability Of The Right Of Signature

Signature right,which indicates the identity of the author,right to sign a work.The right of signature is the core of the personal rights of writings,For the countries of the Civil law system,it belongs strictly to the author's person,and may not be transferred or waived.But in Anglo-American law system countries,with "incentive theory" as the legislative principle,by protecting the author's property rights and stimulating the creator's creative enthusiasm to produce economic benefits,the signature right can be transferred and abandoned at will.Our country "copyright law"develops late,the legislative foundation roughly is similar with the Continental law system country.According to the Tong,the right of attribution belongs to the protection category of the author's personality right,and is not allowed to be transferred or discarded.With the development of knowledge economy,more and more types of works are produced,often these works can not reflect the author's ideological feelings,also can not embody the personality characteristics of the author,the author tends to obtain greater economic benefits,so the transfer of the right to sign has also made many scholars feel feasible.Therefore,it raises the discussion about whether the signature right can be transferred.Another point,China's "copyright law"17 articles on the attribution of the copyright of commissioned works is not clear,therefore,this issue has aroused the concern of scholars.The paper is divided into three parts:the question,the text and the conclusion.In the first part,through the introduction of current hot cases and the analysis of two court cases,the author leads to the problems of the right of signature and the work of entrustment in the copyright law.The text of the article is divided into four chapters,the second chapter focuses on the content and nature of the right to sign,through a careful study of the content and nature of the signature right,the author thinks that the signature right is a special personal right with property attribute.The third chapter is about the legislative theoretical basis and legal provisions of the two extraterritorial law systems,by contrasting and analyzing the reasons for the different understandings between the two legal systems,the author thinks that the beneficial experience gained from the legislation of the extraterritorial legal system can contribute more valuable information to solve the problem of the transfer of signature right.The fourth chapter analyzes the relevant interpretations of the 17th article of copyright law of our country,there are two explanations on the attribution of the copyright of the commissioned works in the academic circle,the focus is on the transfer of the right of attribution,through analyzing the reasons of different theories and the nature of the signature right,the author thinks that the signature right is transferable,Therefore,the commissioned works can be transferred under conditions of restriction.The fifth chapter is the author through to the above questions,after the summary made on the issue of the right to sign,I think the signature right has transferability,but not without any restrictions.The sixth chapter is the summary of the article,the main problems discussed in each chapter are summarized and presented in the end.