Corporate Works

The corporate works is a special design in the ownership system of Copyright Law in China.Since article 11,paragraph 3,of the copyright law of China in 1990 has been made,there has been great controversy over the corporate works.At present,it is the opportunity of the third revision of the copyright law,so it is necessary to conduct a new round of examination and discussion on the corporate works.This paper mainly analyzes and demonstrates from the following aspects: where the corporate works come from,the realistic basis of the corporate works,the legitimacy of the moral rights of the corporate works,and how to identify the corporate works.The article consists of five parts.The first part defines the concept of the corporate works and traces its historical origin.At first,article 11(3)of the copyright law is called work of unit,and later replaced by corporate works.corporate works is a conventional term,not a legal concept.The embryonic form of corporate works originated in the late Qing dynasty and was borrowed from Japan.The embryonic form continued in Beiyang period and even the early stage of the People's Republic of China.Finally,the clause of corporate works was established in the Copyright law of 1990.In addition,the separation of corporate works and special works made for hire in China is consistent with the legislation in the late Qing dynasty,the Beiyang and the republic of China,which is inevitably affected by institutional inertia.The second part demonstrates the rationality and necessity of corporate works.From the discovery of author in the history of British copyright to the evolution of author to fictitious author in the history of American copyright,it is all controlled by the distribution pattern of interests of the works behind.In addition,combined with the current creation ecology of works,it shows the adaptability of corporate works in the current social and cultural life.The expression of legal person regards as author,which can be seen as an outcome of reality.The third part demonstrates the legitimacy of the moral rights of the corporate works.The theory of moral rights in works originates from the romantic view of authors of France and Germany.The core of this view is that works embody the author's personality and works are the extension of the author's personality.Looking back on history,we find that the civil law system adopted the idea of romantic authorship based on specific historical and cultural background,and the link between the two was of historical contingency.The romanticism view of the author is not the only theory of protection of the moral rights of the works.Thepersonality interests and property interests owned by the legal person constitute the basis for the legal person to obtain the moral rights of the work.The fourth part discusses how to identify the corporate works in judicature.The elements of legal person hosting must include the motion of the creation of the work,the material resources support and human resources allocation in the creation process,and the review and assessment before the work is released;On behalf of the will of the legal person must contain actual meaning,will is not a function word,it has a specific purpose to carry;The elements of legal person responsibility include economic risk,freedom of expression and guarantee of the quality of work.In terms of the relationship with related works,there is an increasing relationship between corporate works and works made for hire and special works made for hire in terms of the objectivity of works.The more objective the content of works is,the less care is given to the actual creators,and the fuller the rights of works of legal person are.When distinguishing between a corporate works and a commissioned work,the key point is to realize the respective purposes of creator and corporate.The fifth part,combined with the third amendment of Copyright law of our country,puts forward suggestions on the legislation of corporate works.In the draft submitted for review,the corporate works was retained,but several improvements were made: the requirement of presiding over was expanded to presiding over or investing in,the constitutive requirement of publishing in the name of legal persons or other organizations was added,and the special works made for hire were changed from incomplete list to complete list.The corporate works should be retained,and the modifications of the corporate works are appropriate.