Art works such as paintings, calligraphy, sculptures, etc., generally involve two types of rights due to the existence of tangible carriers:
One is property ownership, that is, the rights that owners have to possess, use, benefit from, and dispose of their own property in accordance with the law. Whoever owns the original is the owner of the original property rights;
The other is copyright. Copyright is obtained through creation or other legal means. It refers to the ownership of the intellectual achievement of the work, rather than the possession of the carrier of the intellectual achievement. . The author's ownership of the copyright of the work and the owner's ownership of the original work are two different rights. Therefore, the transfer of ownership of the original is not equivalent to the transfer of the copyright of the work.
Article 18 of the "Copyright Law" stipulates: "The transfer of the original rights of works of art and other works shall not be regarded as the transfer of the copyright of the works, but the right to display the original works of fine arts shall be The owner of the original belongs to the owner." This means that the exhibition rights of the original works in the copyright of artistic works are transferred with the ownership of the works. The main reason for this provision is that after the original work is transferred, firstly, due to the continuous transfer of ownership, it is difficult for the copyright owner to find where the original is; secondly, if the exhibition right is still exercised by the copyright owner, it will conflict with the property rights of the original owner. conflict. At the same time, the owners of the original works of art often need to exhibit the originals to obtain financial rewards.
