权利穷竭原则即无论是作品原件还是复制件,合法投放市场后,著作权人不得对其再享有控制权,但对电影等作品的出租权又除外。作为版权法的基本原则之一,该原则对著作权人与社会公众的利益的平衡至关重要,而我国《著作权》法对此未作规定。此外,实践中该原则的适用也受到一定的限制。 The principle of the exhaustion of rights, that is, the original or the duplicate of the work, is not allowed to be re-entitled by the copyright owner after it is put on the market legally, except for the right of renting films and other works. As one of the basic principles of copyright law, this principle is of great importance to the balance between the interests of copyright owners and the general public. However, China’s “Copyright Law” does not provide for this. In addition, the application of this principle in practice is also subject to certain restrictions.