Study On The Legal Nature Of Contract Of Commissioned Works

Commissioned creation has become an important way of creating works.As a consequence,the contract disputes of commissioned works have increasingly grown to be a common phenomenon.For the purpose of preventing disputes and promoting judicial unification,this thesis takes the legal nature of the contract of commissioned works as object of study and tries to examine its substantive nature from a contract formation and contractual obligation perspective by adopting methods of literature research,case study and comparative study etc.The author hopes that the study result could provide a reference for judicial practice.In this thesis,the author believes that,among all existing legal opinions,the one which deems the contract of commissioned works as a Mixed Contract of Contract of Hired Work and Copyright Transfer is most rational and convincing.However,this opinion is still unbalanced since the contract of commissioned works also includes stipulations of contract of copyright licensing under certain conditions.But in any event,the contract of commissioned works does virtually include articles of two typical contracts at the same time.In this regard,the contract of commissioned works belongs to Mixed Contract,a kind of innominate contract.More deeply,the composer fulfills two kinds of obligations under the contract,while the investor only fulfills one.It is therefore the contract of commissioned works should be further determined to be a mixed-type contract based on the characteristics of both parties' legal obligations.