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著作人身权能否转让受到学界的广泛探讨,随着对不可转让说的再认识,许多学者对其可转让性也提出了有价值的学说观点,但是对署名权的转让大多持否定看法。本文认为署名权与民法人身权存在本质的区别性,署名权与主体人身具有可分离性,署名权转让是存在法理基础和现实要求的,在一定程度上可以转让。但是作为与人身关系最为密切的一项著作人身权权能,应受到严格的限制,提出了转让的限制原则。
The transfer of the author’s personal rights is extensively discussed by scholars. With the re-understanding of the theory of non-negotiability, many scholars also put forward valuable theoretical opinions on their transferability. However, most of them hold negative views on the transfer of signature rights. This paper argues that there is an essential difference between the right of signature and that of civil law, and that the right of signature is divisible from that of the main body. The transfer of the right of signature has the legal basis and practical requirements and is transferable to some extent. However, as an individual’s personal rights and rights that are most closely related to the person, we should be severely restricted and put forward the principle of restriction on the transfer.