Research Commissioned By The Client’s Right Work

With the continuous development of society, the social practice of the growing number of commissioned works. However, the legal relationship adjustment commissioned works but not with the pace of the times, therefore, the Copyright Law in the adjustment works are commissioned to produce a wide variety of often inadequate. Meanwhile, due to the Copyright Law in commissioned works for the rights of ownership provisions are too abstract and vague, leading academics in understanding copyright ownership commissioned works created ambiguity. And in practice, the commission contract concluded between the principal and the agent meets the provisions of the law is difficult to determine. This paper mainly discusses the works commissioned from three generous face of the relevant provisions: First, the case of the specific provisions of the law to determine the rights of the principal provisions of commissioned works. From one hand, we can understand the legal inadequacies prescribed for commissioned works. Secondly, in theory, the theoretical nature of the analysis commissioned by copyright achieved. Combined with the spirit of the civil law and common law legislation, as well as commissioned works of the scholars of the provisions of understanding, and then combined with his understanding of the reasons put forward to obtain copyright works commissioned properties. Finally, our country, combined with the experience of foreign legislation proposed for China’s relevant and applicable copyright commission recommendations.This article and the previous article in the biggest innovation mainly in two aspects. The first is the combination of legislation and related scholars understanding of commissioned works, commissioned works made the original ownership of copyright is to adapt to the creator of the theory. Detail about why the commissioned works and why, in the case of the client also has the original trustee agreed attributable to the principal. The second is that for more than a theoretical analysis of the recommendations I made to rationalize the classification of commissioned works. Which is conducive to the operation in the judicial practice and social practice. Reduces the need for a clear understanding of commissioned works and bring unnecessary trouble.