The Dispute And Perfection Of Corporate Works System In China

China's legal person works system has always been a big controversy in copyright legislation and judicial field.To study the controversy of legal person works is to open up ideas for perfecting the system.There are inextricable links between legal and work works and commissioned works,and they have to be discussed together when discussing legal works.To solve the fuzzy overlapping relationship between legal person works and related works,it is necessary to reconstruct the relevant systems of China's current copyright law at the legislative level and clarify the boundaries.To this end,it is necessary to analyze the disputes on the identification,division,scope of rights,and duration of protection in the legal person system at the institutional level,with a view to perfecting the system of legal person works in China.This article is divided into four parts.The first part is based on the reasons and the legitimacy of the legal person's works,and expounds the necessity of the existence of the legal person's works system.The author believes that the establishment of legal person works is the institutional arrangement made by legislators to balance the interests of creators and investors and to finely divide the rights of works.It has its practical significance.The second part mainly expounds the identification of the legal person's works,and the distinction between the work and the work that can't be ignored in the process of legal person's work identification,and analyzes the dilemma brought by the confusion of the thre concepts in the legislative application.The third part reveals the disputes between the legal person's works in terms of the scope of rights and the period of protection,and analyzes the disputes over the ownership of the legal person's works and the disputes over the term of protection.The fouth part puts forward the perfect ideas and concrete measures for the legal person system of our country.It analyzes the collision between the main viewpoints of the academic circles and the third revision of the copyright law,and puts forward the legislator's insistence on the legal person works system.Under the premise of adhering to the legal person's work system,how to propose amendments and opinions on the copyright ownership of related works.The author hopes to eliminate the unnecessary disputes of the readers on the issue of the existence of legal persons through the discussion of this article,and put the focus of attention on the rules of identification of legal works.Under the premise of clarifying the works of legal works in the entire copyright law,The boundaries between legal person works and related works are clearly divided,reducing the unnecessary cost of identification in practical use.The third revision of the Copyright Law has not been delayed,precisely because the interest game behind the revision of the law has not stopped.The views of this article hope to benefit the improvement and modification of corporate works.