Renmin Chinese Law Review
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Renmin Chinese Law Review

Selected Papers of The Jurist (法学家), Volume 2

  • Renmin Chinese Law Review: Selected Papers of The Jurist

Edited by Jichun Shi

Renmin Chinese Law Review, Volume 2 is the second work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognised scholars from China, offering a window on current legal research in China.
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Chapter 10: Three analyses of the act of claiming authorship: a comment on the 'Local Drama of Anshun' case and other recent cases

Wang Qian

Extract

The right of attribution of authorship is an important moral right that an author enjoys under copyright law, and the act of attribution realizes the right of attribution. It is important to note that in everyday language, any act that indicates identity might be called 'an act of attribution', e.g., collectors of famous classical paintings might affix their own names to the paintings they have collected, and in everyday speech that act might be called 'an act of attribution'. Even in legal language, the act of attribution exists beyond the realm of copyright law; for example, Article 17 of the Patent Law provides, 'Inventors or designers have the right to declare in the patent documents that they are the inventor or designer', and this text is considered to bestow the right of attribution onto inventors and designers. However, this meaning of 'act of attribution' and the meaning of the 'act of attribution of authorship' under copyright law are obviously poles apart. Additionally, in disputes related to authorship under copyright law, it is important in many kinds of acts of attribution to correctly discern the specific act of attribution of authorship under the legal meaning of copyright.

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