A Research On Ownership Of Copyright Of Teaching Plan

The ownership of copyright of teaching plan has more and more attention by all the society for it's related to 16 million teachers' interests. But, there is no legal rule for the ownership of copyright of teaching plan. For this reason, nowadays we can only draw support from the law for works for hire. According to the present law and related legal principle: The works for hire classified into general works for hire and special works for hire, and its ownership of copyright is different. The teaching plan is general works for hire, its ownership of copyright belongs to the author, but the school has the preferential right in two years. Actually, the classify of works for hire in the law of present has great deficiency, and is more controversial on the issue of ownership of works for hire. This situation makes many troubles in practice and controversy.In the thesis the author by the analysis of the first "teaching plan case" to point out the deficiency of ownership of works for hire and make a suggestion to improve it, For solving the problem of ownership of works for hire found a valid means.The thesis have forward, main body, peroration three parts, 18 thousands words. The main body divided into four parts:The first part is raising the question. Retrospect the "teaching plan case" from two respects: one aspect is introducing the primary facts especially the proceeding of legal action of the case; on the other hand, through introducing the main controversy deduce the two main law problem namely the teaching plan whether the works that protected by the Copyright Law and whom the ownership of teaching plan belongs to.The second part is in connection with the first question analysis the legal nature of the teaching plan, especially the originality and the legal nature of works for hire. By analytic comparison the law of work's originality in the two law system the author considers that the definition of originality of works should contains two elements: First, the works should be finished independently by the author. Second, the works should have a certain degree of creatively. And the teaching plan with reflective completely, have originality, and should be protect by the Copyright Law. Then the author makes a conclusion that the teaching plan is a kind of woks for hire.The third part is in connection with the second question analysis the ownership of the copyright of teaching plan. Emphasizing analytic comparison the theory and the institution which on ownership of copyright of works for hire in the two law system, by compare the merit and fault in the two different legislation of the two law system, found that the experience of legislation can been use in our nation. The author consider that the good way to solve the problem about ownership of copyright of teaching plan is to complete the law of ownership of works for hire.The fourth part the author point out the fault which of the ownership of works for hire system and make a suggestion to improve it. By analysis the deficiency of the system of our nation, and make use of the experience of other countries, the author consider that in order to improve the ownership of copyright of works for hire, we should improving it from two respects: on the one hand, establish the principle that the work personal rights of works for hire belong to the author, for it is in accordance with the law jurisprudence; on the other hand, establish the principle that to determine the ownership of works for hire by both parties through the contract, in this way can make the works for hire available and in favor of protecting the right of the two parties.