The Legal Research On Commissioned Works

Recent years as the development of the commissioned works, the conflictsgenerated by it have emerged in a large number. However, towards this subject,because of the deficiency of the legal research and the insufficiency of the judicialpractice, the situation of academic study is unenthusiastic.This thesis aims at referring to the recent judicial cases in China, taking a deepand detailed consideration of the commissioned works to not only make up of thedeficiency of the legal explanation, but also lesson the law’s powerlessness executedon the judicial practice. That will be the author’s honor if the opinion of this thesis canbe helpful to deal with the conflicts in the academic research of our country.This thesis will be divided into five parts and discuss following in each:In the first part, introduction, the author will state the research background,research method and research goals of this thesis;The second part will focus on the concept andThe point is, commissioned workshas three major features, including: the object is an intellectual product; based on therequirement of creating the same work, the parties build up a temporary economicrelationship between them; the creator creates the work complying with the request ofthe commissioner.The third part will analyze the legal nature of the commissioned works. Throughcomparing the contract of commissioned works with the commission contract and thework-for-hire contract, the author believes that the contract of commissioned worksbelongs to the nameless contract, neither the commission contract nor thework-for-hire contract.In the fourth part, the author will elaborate the rights and obligations duringperformance period of the commissioned works contract which have rare attention from the scholars. From the point of the author’s view, during performance period ofthe commissioned works contract, creator should take obligations as following: theobligation of quality and quantity guarantee, obligation of delivery and obligation ofrevising; on the contrary, the commissioner should observe the obligation of assistanceand obligation of payment. The rights should be the obligations of the opposite side. Itis worth to mention that, in this secession, the author will discuss various problems inthe judicial practice and try to find out ways to settle them.In the last part, the author will omit the discussion about the system-theory of thebelonging of the copyright ownership but pay more attention to research on the currentcontroversy of this aspect. Through analysis, the author supports that the signatureright is transferable, and also, take further discussion about the belonging of thecopyright ownership of some special commissioned works, such as, the contributedworks, commissioned photography works and commissioned autobiography.