Research On Occupational Work Copyright Attribution

With the high-speed development of the society and people’s legal consciousness is increasingly enhanced, the interests of the people’s spiritual demand more and more get the attention of the state. But improve the intellectual property law and copyright law in the country at the same time, many problems come, ownership of works copyright is one of them. Most works are creators upon completion of tasks in the process of implementation, these works as individual work, commissioned works easily taken seriously by people, which in turn are fully protected by law. Due to the complexity and particularity of post works, the copyright belongs to the problem has been controversial in academic circles. However, if the current legal system, or is about to change the "copyright law" can effectively formulate provisions standard works on the ownership of the copyright problem, will encourage authors to create more excellent cultural works, for the individual, unit, society is generally great wealth. If the lack of protection of the various rights of the creator, after they work benefits, including the material benefit and spiritual encouragement cannot be guaranteed, must blow the authors creative enthusiasm for the future. Of course, it is not conducive to social harmony and progress. So, the position of copyright issues to be solved. In this article, the author through the analysis of distinguished proposed own view and thinking.The first par, through to the PuTao v. branch in Chengdu, the Sichuan salt industry corporation, Sichuan salt industry corporation, Chengdu huasheng printing co., LTD., the introduction of the case, reflect to resolve ownership of works copyright is unknown, the matter is how to distinguish general office works with special position.The second part assignment works in China are expounded. First, the concept of office work at home and abroad, introduces the cognizance standard, compare them one by one and the related concepts, points out its differences, so as to deepen the basic theory of works of some understanding and the understanding.The third part,works copyright ownership in our country current legislation and the copyright law (revised draft)3were analyzed, and is intended to point out the problems, such as the definition of works is not accurate, unit priority rights is too large, the author inadequate material benefit guarantee, etc. If the problem is not solved, will eventually make assignment works tend to get lost in the market economy system.The fourth part, the author puts forward some Suggestions of perfect works copyright ownership. First of all, the author thinks that should adhere to three basic principles, namely the creators protection principle, the principle of balancing of interests and purpose to principle. Under this premise, again through the distinction between works and other works, setting up reasonable unit priority, refined, special types of works and belonging, clear the author reward standard, strengthening the administrative judicial protection measures to improve the system of post works copyright ownership.