关键词: 作品, 　著作权, 　公共效用, 　权利作用&ldquo, 焦点&rdquo, 　传播

Abstract:

 Characteristics of works， such as immateriality， non-scarcity， non-rivalness， positive externalities and intertextuality， make clear that subject matter of copyright has the property of public utility and inherent defect of property structure. It is difficult to radicate and preserve stable boundary lines of property rights in copyright system. By stimulating and paying back to rightholders， the primary purpose of copyright is designed to realizing public welfare maximum of works， embodied in cultural participatory function and democratic politics function. As determiming the boundary of copyright， we should transform from single-subject model to plural-subject model for realizing the distribution ethics of copyright interests among authors， communicators and users. As far as copyright are concerned，the path to subject matter for locating focal point of copyright functions is a vague historic conception which is difficult to define the boundaries of copyright and it can not resolve the focal point dilemma of copyright functions once and for all. The path to controlled object ( behaviors of works use ) is always through the main line of focal point of copyright functions. Dissemination is the uppermost utilization pattern of works. In a word，the right of dissemination is the basic right of copyright.

Key words: Works, 　Copyright, 　Public utility, 　Focus of rights function, 　Dissemination