Commercial Slogan Copyright Protection Case Investigation

During the development of market economy, advertisement became avery important part of modern economy, and the slogan is a veryimportant part of expression. As the recruiting of advertisement sloganactivities became more and more frequent, disputes concerning theslogans became more frequent too, and the issues caused became moreand more complex. Cases concerning such legal disputes have manycontroversies, and the judicial trial differs from time to time. This thesisis a conclusion of the analysis of three mainstream cases.The first past talks should commercial usage slogans be a protected asa part of copy rights. There are two ideas existing. One, commercialusage slogans are not considered as legal part of copy right protectedarticles, therefore it is not under legal protection. Another idea is thatcommercial slogan should be considered as a part copy right protectedarticles, it fits all the criteria of being a intellectual property, therefore it should be under protection of the copy rights. This thesis is written on thebasis of case analysis. This thesis supports the idea that commercialslogans should be protected in the copy right laws. Most of the scholarssupports the later of the two ideas.The second part of the thesis concerns the status approval of slogansin recruiting activities. Some believe that collecting slogans should beconsidered as solicitation of an offer but not a pure offer. Another view ismore persuasive, they consider it as a contract under certain conditions,when the masterpiece is selected into final round, after meeting theprerequisites, the contract is enforced.The third part is concerning whether or not the personal works rightcould be transferred. Some of the scholars think that personal works rightis obtained after some form of "creation", and such "creation" fullyrepresented the inner thoughts and moral wellbeing of the author, it haselement of eternity and inalienability, and therefore it could not betransferred. Through case analysis, this thesis concluded several views.First of all, there are no clear specification in the "copy right laws" thatstated personal work rights could not be transferred. From the rights pointof view, transfer of rights should actually be considered as a part of takinguse of personal work rights.Through classic case analysis of the above three items, I come to anconclusion of my point of view on commercial slogan protection measures. I support the idea of enforcing legal protection for theserecruited slogans.