Letters can be works, privacy, property, cultural heritage; therefore, they have special legal status in copyright law. China’s copyright law does not give special provisions on letters, which belong to the category of literary works and the unpublished works. It is difficult to apply fair use doctrine on letters, and the conflict between copyright, the protection of personality interests of dead person,public knowledge acquisition and privacy rights is not easy to coordinate. In the process of the third revision of copyright law, we should learn from foreign legislation, treating letters as “special works”, and give special provisions on the right of publication of letters. It is good to coordinate the conflict of values.
牛强. 书信作品著作权反思——从“钱钟书书信拍卖纠纷”谈起[J]. 浙江工商大学学报, 2014, (2): 61-70.
NIU Qiang. A Reflection on The Copyright of Letters——Starting from “ Qian Zhongshu Letters Auction Disputes”. Journal of Zhejing Gongshang University, 2014, (2): 61-70.