Research On Occupational Work Copyright Attribution In China

There is a kind of work of which the writer is hired by other corporative individual or organizations. The writer contributes his strength and mind but the hirer takes the subsequent responsibility and influences. Our copyright law defines this as Occupational Work whereas foreign copyright law calls it Employment work. Different copyright law stipulate the ascription of such work in different ways due to their different concepts on copyright, yet a clear code of law has still been established after people's long time of theoretical research and judicial practices. But the situation in our country is that the year 2010 newly amended Copyright Law of PRC still commits some faults on defining Occupational Work. The defects are as follows: Firstly, it still couldn't clearly stipulate the classification and categorization method for Occupational Works,which makes it hard to differentiate Occupational Work form other special work such as Commissioned Work,Corporation Work, etc. And in daily practice,dispute was also arisen on how to give definition for some of the work (like the teaching plan of college educator). Secondly, it failed to balance the benefit between corporation and individual creator when it tries to attribute the ownership of copyright. Case as thinking two much of the former and neglecting the latter exists. Thirdly,there is a shortage objectively exist in law because there are contradictions between the stipulations of copyright and the judicial interpretations and administrative rules(such as Regulations for the Protection of Computer Software,etc). All the above problems affected the adoption of our Copyright Law. This article hereafter will gradually analyze the definition,Copyright ascription issues of Occupational Work as well as its classification method against other Non-occupational Work as taking the word Occupational Work as clue.The first chapter introduced the basic theory of Occupational Work in China, which include the origin of Occupational Work in our country as well as its concept and categorization, and emphasized on the fundamental ingredients that forms our Occupational Work. We have been disputing upon the issue of these ingredients and they will have profound significance for identifying the ascription of Occupational Work and also have something to with whether we can assure the lawful rights and interests of the work creator. The second chapter analyzed some other work piece with relevant to Occupational Work,which target to define the relationship between Occupational Work,Corporative Work and Commissioned Work. Thereby when we are defining Occupational Work from different perspective, more copyright disputes can be avoided.The third chapter specifically discussed the ascription of Occupational Work in the method of giving cases. The first part is the analysis of copyright ascription for common Occupational Work and the particular Occupational Work. In this part, I insist that the principle of"copyright belongs to the writer"should be applied in defining the ascription of Occupational Work copyright. Meanwhile, decent balance should be made among the interests of author,of the corporative people or organization and of the society so as to achieve a sort of unification and equilibrium among right,responsibility and benefit. Recently, the copyright cases relating the controversial ownership of things like courseware and dissertation have frequently caused people's attention. Because of that, the second and third parts of this chapter analyzed the disputable Occupational Work copyright as to assure the lawful right and interests of certain author.The fourth chapter analyzed the defect of our Occupational Work copyright system and gave some recommendation for repairing those imperfections. Hope I can contribute some of my strength for the improvement of our Occupational Work copyright system.