问题 单项选择题

画家张忠经常即兴作画,赠送好友谢某,几年后谢某已收藏张忠画30多幅。谢某从中选出25幅,以《张忠画册》为名出版了署名张忠的25幅画,张忠得知后十分气愤,认为谢某及出版社侵犯了自己的权利。依照相关法律,谢某侵犯了张忠的下列何种权利( )

A.张忠所赠画的财产所有权

B.张忠对赠画的发表权

C.张忠对赠画的展览权

D.张忠的姓名权、作品使用权和获得报酬权

答案

参考答案:B

解析: 《著作权法》第18条规定,美术等作品原件所有权的转移,不视为作品著作权的转移,但美术作品原件的展览权由原件所有人享有。本题中谢某的行为并不是展览,而是发表、复制。展览是在特定的时间、特定的地点,对于相对特定的人群进行原件或复制品的公开展示,所以展览行为可以反复进行。而发表是指一次性使作品对于一国的任何人群公开,使该国的任何人群都能享有知悉该作品的权利。所谓展览是对作品的原件或复制品进行公开展示,但绝不允许对原件或复制品再行复制,而本题中谢桌对张忠的作品进行了出版,出版行为必然包括复制行为。且本题中张忠并未死亡,并不是《著作权法实施条例》第17条规定的情况。谢某无权决定张忠作品的发表与否。所以,B正确。

单项选择题
问答题

The idea of evolution was known to some of the Greek philosophers. (46) By the time of Aristotle, speculation had suggested that more perfect types had not only followed less perfect ones but actually had developed from them. But all this was guessing; no real evidence was forthcoming. When, in modern times, the idea of evolution was revived, it appeared in the writings of the philosophers—Bacon, Descartes, Leibniz and Kant. Herbert Spencer was preaching a full evolutionary doctrine in the years just before Darwin’s book was published, while most naturalists would have none of it. Nevertheless a few biologists ran counter to the prevailing view, and pointed to such facts as the essential unity of structure in all warm-blooded animals.

(47) The first complete theory was that of Lamarck, who thought that modifications due to environment, if constant and lasting, would be inherited and produce a new type. (48) Though no evidence for such inheritance was available, the theory gave a working hypothesis for naturalists to use, and many of the social and philanthropic efforts of the nineteenth century were framed on the tacit assumption that acquired improvements would be inherited.

But the man whose book gave both Darwin and Wallace the clue was the Reverend Robert Malthus, sometime curate of Albury in Surrey. The English people were increasing rapidly, and Malthus argued that the human race tends to outrun its means of subsistence unless the redundant individuals are eliminated. This may not always be true, but Darwin writes:

(49) In October 1838, I happened to read for amusement Malthus on Population, and being well prepared to appreciate the struggle for existence which everywhere goes on, from long continued observation of the habits of animals and plants, it at once struck me that, under these circumstances, favourable variations would tend to be preserved, and unfavourable ones to be destroyed. The result of this would be the formation of new species. Here then I had a theory by which to work.

The hypothesis of natural selection may not be a complete explanation, but it led to a greater thing than itself—an acceptance of the theory of organic evolution, which the years have but confirmed. Yet at first some naturalists joined the opposition. (50) To the many, who were unable to judge the biological evidence, the effect of the theory of evolution seemed incredible as well as devastating, to run counter to common sense and to overwhelm all philosophic and religious landmarks. Even educated man, choosing between the Book of Genesis and the Origin of Species, proclaimed with Disraeli that he was "on the side of the Angels.

(48) Though no evidence for such inheritance was available, the theory gave a working hypothesis for naturalists to use, and many of the social and philanthropic efforts of the nineteenth century were framed on the tacit assumption that acquired improvements would be inherited.