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近两年来,版权归属诉讼迅速增多,但我国迄今还没有版权法,仅靠一些行政文件及习惯做法予以调整,1985年颁发的《图书、期刊版权保护试行条例》及其实施细则,是目前版权保护的内部规则,故我国的版权保护制度是不健全、不完善的,以致给版权纠纷案件的处理带来不少困难,而确认一部作品的作者及其他版权主体,是版权保护的关键问题。本文拟从版权主体入手就认定版权归属的若干问题作一探究,以期供立法和司法部门参考。
In the past two years, there has been a rapid increase in the number of ownership proceedings, but so far our country has no copyright laws and is only adjusted by some administrative documents and practices. The “Trial Regulations on the Copyright Protection of Books and Periodicals” and its implementing rules issued in 1985 are the current copyright Therefore, the system of copyright protection in our country is imperfect and imperfect. As a result, it has brought many difficulties to the handling of copyright disputes. It is a key issue of copyright protection to verify the author and other copyright owners of a work . This article intends to start with the subject of copyright to determine the ownership of copyright to explore some issues for the legislative and judicial departments for reference.