The Study On The Ownership Of Copyright System About Occupational Work

As the carrier and crystallization of human culture, works have been regarded as the expression of the author’s thought and emotion, as well as the embodiment of the personality and wisdom.. The works covered by the works of the copyright law of our country cover the natural person’s works, his post works, the legal person’s works, the entrusted works and his cooperation works.. In China, copyright law tend to protect the works of financial investment and non creator, failed to play to the copyright should have the authors to protect personality attributes of the role, this in real life and production, is not conducive to the protection of the interests of the author, is not conducive to encouraging the creation, is not conducive to good works. China’s regulations work duties at the same time also stipulates the legal works, two works constitute elements of the common too, there is a cross or conflict, resulting in the judicial practice, it is difficult to distinguish the dilemma.The based on the basic theory of the copyright of works made for hire, clearly defines the concept and legal characteristics of work duties, in the post works and related works of identification to distinguish; then summarizes the problems existed in current China post works copyright system; combined with the two genealogies of law and international treaty on duty works copyright ownership legislation practice,thus obtains the Enlightenment of perfection in our post works copyright system. The main text of this paper is divided into the following four parts:The first part is the definition of the concept of the job title ". The connotation of the post works of different countries and regions is compared, and the legal characteristics of the work are integrated, and the concept of the position works is clearly defined..The second part is "the problem of the ownership system of the duty of the duty in our country.". The comb, and discusses on the basis of the current situation of our country’s duty works ownership system and relevant laws and regulations, collation and analysis of the legal problems existing in the China post works copyright ownership.The third part is the comparison of the ownership of the title of the work of the title of the work ". By using methods of empirical analysis of the Anglo American law system and continental law system countries and regions and international treaties in post works copyright system source of legislation and judicial practice analysis, draw inspiration.The fourth part is "the perfection of the ownership system of the duty of the duty in our country". Through the elaboration of the incentive principle and the principle of balancing the interests of the copyright ownership system, the suggestion of perfecting the system of the copyright ownership of the duty works is put forward.