Research On The Commissioned Works

It is very common in the social life that client asks assignee to creat a work according to his intent and requirement. Such works is called commissioned works in chinese copyright law.But the chinese copyright law just rules the terms of the principle,so it is easy to get some disputes when people try to understand and apply to the artides of the law.The purpose of this paper is try to clarify the nature of the commissioned works,comprehensive and detailed analysis the commissioned works. Therefore,this paper uses the method of analysis and comparison and inductive reason to study the commissitioned works from the copyright law and the contract law.This thesis is made up of three parts:foreword,main body and conclusion.The foreword is an introduction to the background and significance of this thesis and the research methodology,and the research ideas.it is mainly show the status of our current copyright law and the unperfect of the copyright law,then overview the content of the thesis.The main body is made up of four parts.The first part,it analyzes the nature of the commissioned works.Because different scholars have different opinions about the commissioned works,so it makes difficult for people to understand well of the commissioned works.In this case,it is easy to have conflict in practice.so the first chapter analyzes the three different contracts first,then deduces that the commissioned works contract belongs to commission contract.After the definition of the commissioned works,the thesis can continue the study.The second part,it mainly discriminate the three different works:the commissioned works,the works made for hire and the works that copyright belongs to the legal entity ot other entity.it is easy to confound the three works in practice if we don't clearly define them,so it is necessary to analyse it.The third part,it mainly study the nature of the copyright.According to most countries of the civil law system' copyright law,the copyright consists of two parts:economic rights and personal rights.China has absorbed the provisions of the civil law and at the same time also draws on some rules of the Anglo-American law,this makes the provisions of the copyright law have some contradictions.This part discusses the copyright from the history to the philosophical points,then concluses that the copyright is a property right.This makes the nature of the copyright becomes more explicit.The fourth part,it mainly analyzes the contract of the commissioned works and the copyright assignment contract.Because this thesis believes that the creator of the works has the original copyright of the works.So the contract of the commissioned works is not completely identical with the copyright assignment contract.This part also analyzes this two different contracts.The fifth part, which is also the last part,it mainly analyzes the section 17 of copyright law of china.This part points out the unreasonable and vague of the provision,and reviews the writer's opinions and gives some legislative proposals.Conclusion.Finally,the writer sums up the whole thesis,and get this conclusions:copyright is a property right in the essence,commissioned works mainly belongs to the commission contract.Combination of the copyright law and the contract law, we can see that the commissioned works contract may containthe provisions of the copyright transfer,ans it can also that the parties make a independent copyright assignment contract.Chinese copyright law can give up the complex theory of the unified personality,and protect of the right of personality in the civil law in order to reduce the copyright-related disputes.