Research On The Attribution Of Copyright In Official Works

The ownership of copyright is an important part of the copyright legal system.Whether the principle of ownership is reasonable and the distribution of ownership interests is fair will affect the realization of the function of the copyright legal system.Combining with the theory of copyright system of job-related works,this paper further studies the concept and standard of job-related works,and compares job-related works with other related works.This paper makes a careful study of the provisions of the system of copyright ownership of official works in international treaties,compares the legislation and application of the system of copyright ownership of official works in two legal systems,and ponders on the mirror of the system of copyright ownership of foreign official works in China,and summarizes the shortcomings of the system of copyright ownership of official works in the current situation.On the basis of the above research and analysis,this paper puts forward how to further improve the system of copyright ownership of job-related works in China by defining principles and proposals.This article mainly from four parts:Firstly,the basic theory of post works.This part mainly defines and clarifies the basic concepts of job-related works,and further analyses the practical application of job-related works combined with the types of job-related works.In the analysis of the criteria for the identification of post works,the author's identity characteristics and "work tasks" are further clarified.Analyzing and comparing the differences between job works and other works will help us to understand the relevant regulations of job works more deeply.Second,the study of the ownership system of copyright of foreign official works.Based on the analysis of foreign legislative practice and the provisions of international conventions,this paper studies and compares the ownership system of copyright of duty-related works in common law countries and civil law countries.Considering the characteristics of the ownership system of duty-related works in international conventions and two legal systems,this paper considers the mirror of the ownership system of duty-related works in foreign countries to our country.I further think about how to better base on China's national conditions,learn from the foreign copyright ownership system of professional works,improve the copyright-related system of professional works in China.Thirdly,it summarizes the shortcomings of the copyright ownership system of official works in China.Combining with the prominent problems in legislation and judicial practice,this paper sums up some current situations of copyright ownership system of official works in China.From unclear definitions in legislation to overlapping concepts in practice,it brings some negative creative initiative to natural creators.We should further summarize the shortcomings and put forward more scientific and effective rationalization suggestions to improve the copyright system of official works in China.Fourthly,we should further consider how to improve the system of copyright ownership of official works in China.The perfection of the system needs to be promoted by various factors.Firstly,the principle of ownership of the copyright system of official works should be clarified.Paying attention to the protection of natural person creators of post works,balancing the interests of all parties,applying the principle of self-government with good will promote the application of specific rules in practice.Rationalization proposals should be combined with specific judicial practice,balance the interests of all parties,and do a good job in the distribution of interests brought about by job works,so as to further improve the copyright ownership system of job works in China.