Analysis Of Attribution Of Personal Right Of An Author In Commissioned Works

In terms of legal origin,?China belongs to the civil law system. China's copyright law which is based? on? civil? law's"dualism",adheres to the specific principle that copyright cann'? t be allowed to be transferred. However, the copyright law,in the provisions on the ownership of commissioned works, is very unique, which is different from the civil law,also different from the common law,causing dispute in the academic? circle. The purpose of this paper is firstly to clarify the copyrights'?adscription and theoretical basis of the commissioned work, then put forward legislative proposals to balance the interests of both parties.Addition to the introduction and conclusion, this paper is divided into four chapters, amouting to about thirty thousand words.Chapter one analyzes the legal nature and characteristics of commissioned works. Correctly understanding commissioned works in theory is vested in discussing the personal right of an author of commissioned works, so this chapter begins with definition and study on uniqueness of the commissioned works. Then through the discrimination between the nature of commissioned works'?contract and similar works, to clarify the commissioned worksconnotation? and? extension,as the basis of adscription of the personal right of an author.Chapter two is mainly comparatively studying on different states'legal system about the personal right of an?author. Due to greatly political, economic, and cultural differences, two legal systems'copyright laws and their?provisons?on personal right of an author of commissioned work?are?also?vastly different. This chapter has compared and arranged the provisions as referred to the personal right of an author in United Kingdom, the United States, Germany and France, the main representative of two legal systems,also analized a number of classic cases, and summarized trends in different nation's legislation.Meanwhile this chapter has demonstrated that the copyright including personal right of an author and property right of an author had been recognized by all the world,that the level of protecting personal right of an author had been increasingly improving.More and more nations including the common law countries has accepted the civil law's principle that personal right of an author cann't been transferred, which also makes practical reference on the ownership of personal right of an author of commissioned works .Chapter three is mainly analizing various viewpoints on domestic on personal right of an author. Some scholars put forward a variety of different theories that the personal right of an author can be entitled by the clients,? as? taking? common law countries for example, or distinguishing between personal right of an author and?personal? rights? of? civil? law,? from the point of view on adapting to the network's environment and the efficiency of law and economics. However, these theories can not be established,? because? the? right person of an author with the nature? of unseparating with the personal rights is still in the scope of personal rights, and cann't been transferred, exclusively being entitled by the trustee. The personal rights protection system is a product of a certain stage of social and economic development. The seniorer the social productive forces is, the faster the economy develops, the better the personal rights should be protected, so any practices sacrificing personal rights or reduce its protection technology to satisfy production and economic development need are inconsistent with the objective law.Chapter four is mainly theoretically analizing the personal right of an author's ownership in commissioned works, and putting forward legislative proposals. This chapter examines the content and nature of personal right of an author, and analizes the trustees'exclusiveness to the personal right of an author of the commissioned work from the basic personal right theory of Civil Law, basic principle of Civil Law, the purpose of copyright legislation and other aspects .Because the client paid the compensation and the work is created in accordance with the specific requirements of the client, the client can be allowed to obtain the property rights or use commissioned works to meet their specific needs by the contract or laws. In the event of conflict, it can be confirmed by the legislation. The trustee can exercise personal right of an author with the right way of protecting? interests,? but? not? in? the way of mandatory restrictions on trustee's personal right of an author.???...