物化人格抑或人格化物——作品从“物”本体到纯粹财产本权演进-materialized personality or personified thing - the evolution of works from.docxVIP

2 2 1 1 第五部分在纯粹著作财产权视野下探求了著作权流转的若干现实问题，为作品作为 “物”铺就实践出路。 第六部分为本文结语，归纳重申了文章的观点。 综上，本文是在现存著作权制度已出现无法掩饰的逻辑弊病及实践困境之际对“著 作人格权”进行反思和质疑的一个大胆尝试，力求达致纯粹著作财产权的重新型构；同 时冀盼以此为肇端，进一步将整个知识产权塑造为纯粹的民事财产权利。 关键词：作品；物；财产；人格；著作财产权 A Abstract The object of intellectual property right is the basic category of the intellectual property law—it is the most complicated ingredient in the legal relations of intellectual property. Not only it determines the category、characteristics、content and remedy of IP, but also itself is hardly to be defined explicitly. As the object of author?s right, “work” so it is, and even more prominent—because of the different comprehension of the nature of work between the civil law system and the common law system, they determine the nature of the rights of work distinctly different—this is intuitively reflected on the concepts of “author?s right and copyright”. Since An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors of Purchasers of such Copies, during the Times therein mentioned (the Statute of Anna) came to being, the copyright system has been continuing for more than three hundred years, and it gradually forfeits its original regular logical system in the process of mutual running-in with author?s right that closely followed it. Based on this, this article begins in the perspective of history, rethinks and questions several logical、academic and practical dilemmas of the existing copyright system and author?s right system, and clarifies the historical context of copyright system and the reason of its subsequent alienation. And on this basis, this article tentatively shapes work as a kind of “res” in philosophy and law science, thoroughly negates “moral rights” which is the system freak and historical remain, restitutes the rights of work to be pure property rights, and then clears away the barricades for the trading practice of author?s right. The main body of this article is divided into six parts: The first pa