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尽管一再受到谴责,但自古以来就有的制作、出售假画行为却终未消声匿迹,反而呈愈演愈烈之势,我国亦不例外。某些城市已出现专门的制作、出售假画的集团组织,这对美术家权利保障潜在严重威胁。我国著作权法第46条第4款明确规定,制作、出售假冒他人署名的美术作品为侵犯著作权行为。但假画所涉及的法律问题不仅限于著作权领域,而且延及其他法律领域。为了寻求制止制作、出售假画行为的法律措施,有必要对假面作一深层次的法律剖析。
Despite repeated condemnation, the practice of making and selling artificial paintings that have existed since ancient times has finally disappeared and is on the increase. However, our country is no exception. Some cities have seen the emergence of specialized production and sale of fake group organizations, which pose a potentially serious threat to the protection of artists' rights. Section 4 of Article 46 of the Copyright Law of China clearly stipulates that the production or sale of art works with the signatures of other people is a copyright infringement. However, the legal issues involved in fake paintings are not limited to the field of copyright, but extend to other areas of law. In order to seek legal measures to stop the production and sale of false paintings, it is necessary to make a deep analysis of the legal aspects of the mask.