A Study On The Nature Of The Collection Contract And The Copyright Of The Collected Slogans

Advertisement design becomes gorgeous and wonderful as a result of development of technology, progress of sociality and growth of new medium. Simultaneously, slogan is pivotal for attracting clients , broadcasting idea , selling products successfully and even building corporation image. Accordingly, many companies promise huge prize collecting slogans openly, and even some commonweal slogans are tending towards drawing on the wisdom of the masses.Slogan collection includes internal collection and external collection. Internal collection absorbs good idea and new creation collected from its own employees in the advertisement through internal notice and meetings. External collection represents the action collecting idea from the whole society. Situations in which employees who have the labor relationships with the company create works taking advantage of internal material conditions, funds, information or the equipments are not considered in this paper. Instead, the research object of this paper aims at the legal problems of external slogan collection.This paper take the slogan collection as the entry point. Firstly, work characteristics and key elements are discussed comparing with categories and manifestations of the slogans collected, and some excellent candidate slogans are approved as literal work. Secondly, nature of the slogan collection action is analyzed, and actions of publishing collection notice and submitting works are also analyzed considering of the contract law, reaching the conclusion that actions described above belong to offer and acceptance respectively. Thirdly, Combining with provision of article 17 of the copyright raw of our country, this paper will expatiate and demonstrate both domestic and foreign theory and legislation aiming at the legal problem about the intellectual property of candidate slogan. According to the basic situation and justice affair actuality of our country, ownership and use of the commissioned work are discussed, especially discuss and analysis the right distribution when agreement is not achieved between the parties, so as to maximize the right of both collectors and candidates. Lastly, after the reasoning that personal right of copyright can not be transferred, the ownership and usage of personal right of copyright such as authorship, amending right, right of work integrity protection, publication right are analyzed, providing a reference for the practical application.However, both theory introduction and legislation of intellectual property lag comparatively in our country, and people's consciousness in protecting intellectual property are not built up well, so as that dissensions of copyright go up year by year. In face of the endless new complexion and new conflict in the tide of market economy boosting, the only way for us is to enhance theoretic research and follow with affair operation, in order to seeking the balance point between law and praxis.