"Copyright Law" Article48considers the production and sale of works bearingfake signatures of others (referred to as the false attribution behavior) as copyrightinfringement. For the nature of the infringement, scholars from different perspectives.There are two main points. First view is that are violations of civil law on the right toa name. The second view, which are violations of the right of authorship. These twovery different conclusions reveal the ambiguity and confusion of the intellectualproperty community in Intellectual Property Rights. This paper bases on the basictheory of civil law, intellectual property law and the right of authorship. Through theanalysis of acts of false attribution and authorship, this paper will mainly focus on theanalysis of nature of the infringement of false attribution of work behavior, hoping toprovide a useful reference to the legal research as well as the Chinese copyrightlegislation and judicial practice.This article divides into three parts as a whole:The first part mainly studies the basic theory of the right of attribution. The mainconcept of authorship were analyzed from the angle of the fundamental differencebetween personal rights and property rights of the authorship main uniqueness.Secondly, I studied the contents of the authorship. Finally, I turn to analysiscommissioned works and a work of joint authorship attribution rules, as well as afterthe death of the author on the nature and basis of the protection of works ofauthorship. The second part mainly talks about authorship object, the nature of authorshipand authorship defined. Starting to dominate, control over the concept of intellectualproperty relations, the obtained signed ownership dominance and the relationsconclusion authorship between host and guest. Subsequently, through researching theauthorship between host and guest relations of domination, the paper explain theproperty only works come to the conclusion of non-work of authorship object. Finally,the paper explain that the authorship object must meet the three elements as well asthe new definition of authorship.The third part is the analysis of the nature of the false attribution of works oninfringement. First of all, the paper analyzes the acts of false attribution type.Secondly, the paper researches the academic controversy of the sort and compare, aswell as a comparative study of authorship and the right to a name, denied the forgedsignature of works violations of counterfeit signature name right point of view. Finally,by analyzing the essential attribute of forged signature of work behavior, the behavioris obtained violations of the authorship the conclusion of the original authors.Combined with the review on the latest amendment draft of the Chinese CopyrightLaw submitted by the National Copyright Administration, the author summarizes themain ideas of the whole thesis. |