关于涉外著作权的法律适用在我国理论界和司法实践中还存在不同认识和不同处理。涉外著作权法律适用在我国立法上似乎主要采保护国法说(主义),我国《著作权法》等有关法律规定和相关国际条约乃其主要依据,几乎排斥来源国法的适用,但是我国有些司法实践却并未一概排除适用来源国(地)法,主要体现在著作权权属方面,鉴于此,本文提出我国要尽快制定统一明确的有关涉外著作权的法律适用规范。 There are still different understandings and different treatments in the application of law concerning foreign copyright in the theoretical circles and judicial practice in our country. The applicable law of foreign-related copyrights seems to be the main method to protect state law (doctrine) in the legislation of our country. Our country’s Copyright Law and other relevant international treaties are the main basis and almost exclude the application of the law of source countries. However, some judicial practice in our country In view of this, this paper proposes that our country should formulate a uniform and definite law applicable norms of foreign-related copyright as soon as possible.