Right And Protection Of Person Who Creates The Work For Hire

It is of great important to study the right of who create the work-for-hire in the era of knowledge economy. While scholars in our country seldom discuss this issue at present. This thesis takes he right of who create the work-for-hire as subject of study. The article aims at drawing great attention of the person who creates the work-for-hire to their copyright and other rights. Then wish all the people not to aggression their rights. This thesis is composed of five Parts. Part 1 General remarks on the person who creates the work-for-hire. Firstly it overview on the work-for-hire, and then makes clear the definition and the feature or work-for-hire. Then to discuss qualifications of who creates work-for-hire, such as the labor contract. Part 2 remarks on who enjoy the copyright of work-for-hire. Based on"property value viewpoints"Anglo-American Laws stipulate employers(legal person)enjoy copyright of work-for-hire. Based on "personality value viewpoints", Continental European Laws stipulate authors enjoy of work-for-hire. Some other countries stipulate that both employers and authors enjoy the copyright. Our country stipulates besides authors legal person also enjoy the copyright of works of employment based on equilibrium ideas. But these are many defects. So we must find a new way to solve them. Part 3 remarks on the particular right of who create work-for-hire. Such of the right of publication, the right of authorship, the right of alternation, the right of integrity, the right of exploitation and the right to remuneration and so on. Part 4 remarks on how to protect of right of the person who create work-for-hire. These chapter constitute of three part .It is Legislate protection, Judicature protection and administrate protection.