博物館在知識經濟和創意產業下，強調「企業化」、「藝術授權」，除將典藏品予以數位化，並將之授權及加值應用於商品，產生數位典藏授權之高產值，成為博物館維持營運、另闢收入的重要新途徑。本研究從法律觀點出發，分析國立故宮博物院數位典藏圖像與授權使用之法律定性，以及《國立故宮博物院珍貴動產衍生品管理及收費規定》要求補繳授權費用，是否具法律請求權基礎？ 典藏數位化以追求「原真性」為目的，數位典藏圖像是否受《著作權法》保護，須再檢視是否具「原創性」。被授權者應先明瞭所訂契約的法律性質和效果。又故宮自訂之收費，僅屬行政機關內部業務事項的行政規則，非法律上的請求權基礎；而權利金之給付，乃根據雙方所訂立的契約而定。

Under the influence of knowledge economy and the emerging of cultural and creative industries, museums can’t avoid to put great emphasis on industrialization, art image licensing and digital archives. Accordingly, revenues of the copyrights of museums’ digital archives and their value-added products become important and healthy profit for them to run smoothly. This thesis is to analyze from the viewpoint of the law which deals with : (a) the validity of the licensing of digital archives images by National Palace Museum, and (b) whether the Museum owns the right of claim for the premium according to “NPM Image Authorization Information Management and Fees Standards”. In general, it is highly arguable whether the “genuineness” created from digital archives is same to “the original” as stated in the Copyright Act. Therefore, the authorized party is supposed to find out first the effects of the contract they are going to sign. It is found that the “NPM Image Authorization Information Management and Fees Standards” is just an administrative rule for the purpose of regulating the internal order and for operating the authority, with no direct external effects as legal norms. Namely, the license fee is paid agreeably according to a contract signed by both sides, which is nothing to do with the legal right of a positive claim.