学生、导师抑或学位授予单位:博士学位论文著作权到底归属谁OA

Students,tutors and degree-granting institutions often find themselves in conflict over the copyright ownership of doctoral dissertations,which exposes the deficiency of the current legal system in protecting the copyright of doctoral dissertations.Although the Copyright Law,the Academic Degrees Law and Higher Education Law havepreliminarily regulated the copyright of doctoral dissertations,due to the lack of specific provisions,it is difficult for students,tutors and degree-granting institutions to define the ownership of copyright in practice,resulting in legal ambiguity.The creation of doctoral dissertations,as a process in which three parties participate together,makes its copyright ownership more complicated.In the tripartite game relationship,students are often forced to give up part of their copyrights in exchange for academic resources or degree certification due to lack of resources,information and legal awareness.Tutors,as academic instructors,are faced with ethical conflicts between their guiding rights and students' independent creation.As providers of scientific research resources and supervisors of academic achievements,colleges and degree-granting institutions are prone to restrict students' academic freedom and creative autonomy due to excessive intervention.The division of rights and interests of all parties in the process of knowledge production must be based on fairness and transparency,and under the premise of academic integrity and intellectual property protection,students' creative autonomy and tutors' academic contribution rights must be clarified.The reform of the current legal framework should further clarify the legal ownership of the copyright of doctoral dissertations,standardize the rights and obligations among the students,tutors and degree-granting institutions,innovate mechanisms for intellectual property and academic evaluation,and promote the synergistic development of ethical norms and legal systems,in order to provide theoretical support and practical guidance for improving the institutional framework governing the copyright ownership of doctoral dissertations..