Research On Copyright Ownership In Commissioned Works

The copyright ownership system of the commissioned work refers to the system in which the trustee accepts the commission of the client,works according to the client’s request,and determines how the copyright of the work belongs.China’s "Copyright Law" has established a system of copyright ownership of commissioned works,but the ambiguity in legislation has led to constant debate in the academic circles,and it has brought certain difficulties to the application of the judiciary.This paper takes the research on the copyright ownership of the commissioned works as the topic of the dissertation,attempts to discuss the copyright ownership system of the commissioned works through theoretical analysis,empirical analysis,comparative analysis and other research methods,and summarizes the entrustment of the academic circles by summing up the disputes of the copyright ownership system of the commissioned works.The judicial practice of the copyright ownership of works is based on the investigation of the copyright ownership system of the commissioned works of typical countries outside the domain,and puts forward some suggestions for perfecting the copyright ownership system of the commissioned works in China,in order to contribute to the revision of the Copyright Law.In addition to the introduction and conclusion,the full text is divided into five parts.The main contents are as follows:The first part analyzes the concept of the commissioned work.Firstly,combined with the scholars’ analysis of the definition of the commissioned works,the characteristics of the commissioned works are summarized,and the concept of the commissioned works is defined.On this basis,the paper analyzes the similarities and differences between the commissioned works and the work and cooperative works to deepen the understanding of the connotation of the commissioned works,and lays a foundation for the study of the copyright ownership system of the commissioned works.The second part summarizes the academic dispute between the copyright of the commissioned works.At present,the academic debate on the copyright attribution system of commissioned works mainly comes from the following three aspects: namely,the way of vesting,the scope of stipulation,and the contractual form of vesting.Specifically,the issue of the agreed vesting method is that the way in which the principal obtains the copyright of the commissioned work is either the original obtainment or the following acquisition.This paper believes that it should be the following acquisition.The focus of the dispute on the scope of the agreement is whether the personal rights of the work of the commissioned work can be stipulated,and there is a limit to the scope of ownership and unlimited coverage.The basic point of this paper should insist on the limited scope of attribution,that is,the authorship right in the personal right of the book cannot be stipulated by the contract.In the form of contractual vesting contract,there is a dispute between the form of contract form and the freedom of contract form.This article insists on the formal form of contract.The third part sorts out the judicial practice of the copyright ownership system of the commissioned works.First,the case of the copyright attribution dispute of the entrusted works on the online search of Chinese judgment documents will be explained.Then through the combination of quantitative analysis and case analysis,the paper discusses the controversial issues in the trial practice,mainly focusing on the trial determination of “clearly agreed ownership”,“contracted scope” and “contract form”.And then summarizes the characteristics of the copyright ownership system of the commissioned works in judicial practice.The fourth part examines the copyright ownership system of the commissioned works of typical countries outside the region.This paper selects four typical countries of the United Kingdom,the United States,France,and Germany to examine the copyright ownership system of the commissioned works of the four countries.Based on the different interests of the two parties,the four countries have embodied three legislative models: focusing on protecting the interests of the principal(UK),focusing on protecting the interests of the trustee(France,Germany)and the legislative model that takes into account the interests of both parties(United States).Although there are differences in the four-country system,there are also agreements in which ownership should be in writing and ownership of property rights can be shared by agreement,which provides ideas for the improvement of the copyright ownership system of commissioned works in China.The fifth part puts forward suggestions for perfecting the copyright ownership system of the entrusted works in China.According to the problems in academic research and judicial practice,combined with the experience of extraterritorial legislation,this paper believes that the perfection of the principle of freedom of contract,the creator as the original right holder,the balance of interests and the creation of incentives should be adhered to when perfecting the copyright ownership system of the commissioned works;Article 17 Regarding the improvement of the vesting provisions of the copyright of the commissioned work,it is necessary to clarify the form in which the personal right of the work can be agreed upon,the form of the contract for the copyright of the commissioned work,and attempt to extract the revised draft of the article.