问题 单项选择题

沈老是某市画协的成员,于2002年5月31日完成了一幅长达10米的描绘三峡风光的画卷。沈老于2004年4月5日病故。关于沈老的此幅画卷,下列说法中符合《著作权法》规定的是:( )

A.该画卷的发表权、署名权、修改权、保护作品完整权的保护期不受限制
B.沈老对该画卷的著作权转移给其继承人
C.若沈老生前一直未发表该作品,且未明确表示不发表该作品,则作品的发表权应由其继承人或者受遗赠人来行使
D.对该画卷的展览权终止于2054年4月5日

答案

参考答案:C

解析:[考点] 著作权的行使
[讲解] 《著作权法》第19条规定:著作权属于公民的,公民死亡后,其本法第10条第1款第(5)项至第(17)项规定的权利在本法规定的保护期内,依照《继承法》的规定转移。只有财产权利可以转移,人身权利不能转移给继承人。因此,B项错误。
第20条规定:作者的署名权、修改权、保护作品完整权的保护期不受限制。不受限制的权利不包括发表权。因此,A项错误。
第21条规定:公民的作品,其发表权、本法第10条第1款第(5)项至第(17)项规定的权利的保护期为作者终生及其死亡后50年,截止于作者死亡后第50年的12月31日。因此,D项错误。
《著作权法实施条例》第17条规定:作者生前未发表的作品,如果作者未明确表示不发表,作者死亡后50年内,其发表权可由继承人或者受遗赠人行使;没有继承人又无人受遗赠的,由作品原件的所有人行使。因此,C项正确。

阅读理解

One day when the famous American scientist Edison was on his way home, a young man stopped him and required to have a word with him. Edison accepted his request.

The young man asked, “How can you invent so many things and achieve your fame?”

The scientist said, “It seems that you have been thinking of becoming famous every day.” The young man nodded, “Yes. I have been dreaming of being a person as notable(著名的) as you. Every minute I am thinking of how to become reputable. I don't know when I can achieve my fame (名声,名望).”

Edison told him, “Don’t worry, young man. If you want to be a famous man this way, you will have to wait until you die!”

“Why should I?” the young man was puzzled.

Edison said, “What you dream is actually a high building. You never think of how to build it with bricks(砖块). Thus the building will never come into reality(现实). However, your story can serve as a mirror. People will remember you because of your illness and laziness. They will often speak of your name while they give warnings to their children. Aren’t you a notorious(声名狼藉) person by then?”

小题1:What happened to Edison when he was on his way home?

A.A beggar stopped him

B.A robber stopped him

C.A man wanted to speak to him

D.A man wanted to have words with him小题2:The man asked Edison to tell him ________.

A.how to invent new things

B.how to become famous

C.how he became a nobleman

D.how to become a scientist小题3:After hearing his talk, the young man was puzzled because Edison told him ______.

A.he would die before he was famous

B.he would be famous before he died

C.he would die after he was famous

D.he would never be famous小题4:The man didn’t achieve his fame because _______.

A.his wish was too high

B.he was too stupid

C.he didn’t learn from others

D.he was short of hardworking spirit (精神)小题5:The story mainly tells us ________.

A.a person needs high spirit

B.one shouldn’t dream of becoming famous

C.only by hard work can one’s wish come into reality

D.one person shouldn’t be idle and lazy小题6:The man and Mr. Edison had a talk _______.

A.in the classroom

B.in the street

C.in the lab

D.at home

单项选择题