Research On The Copyright Ownership System Of Occupational Works

The Copyright Law is at the time of the third amendment,and its provisions on occupational works have been subject to controversy.Therefore,legislative revisions of occupational works system are imminent,and other related laws and regulations need to be modified.The current legislation provides the identification of occupational works,distinguishes between general occupational works and special occupational works,and has formulated two different ownership systems.On this basis,the Review of Copyright Law re-identified occupational works in 2014.Examining the legislative provisions of ownership system in China,and exploring the related cases of occupational works,the existing problems are as follows: First,the definition of occupational works is ambiguous,and the interpretations of "work tasks" and "material and technical conditions" in the Copyright Law and Copyright Implementation Regulation are ambiguous,too.Second,the distinction among occupational works of Article 16,legal person works of Article 11,film works of Article 15,and commission works of Article 17 is unclear.Third,the copyright ownership of occupational works is uncoordinated,the personal rights ownership needs to be clarified,and the property rights ownership needs to be more balanced.With the reference to the comparative law in copyright ownership of occupational works,the US ownership system stipulates 12 principles and 5 important factors,and the British ownership system incorporates film works into the occupational works.The German ownership system emphasizes the role of contracts in the units and creators.The ownership system in Japan integrates the two major legal systems and focuses on the protection of creators.Taiwan ownership system in China is highly similar to our legislative regulations.The ownership system in international convention also outlines the legislative options of different models.Aiming at the problem for copyright ownership of occupational works,a review of the comparative law and the submission of the Review of Copyright Law are analyzed and summarized as follows: First,deleting the provision of Article 11 about legal person works.Second,with the reference to the provision of special occupational works and the Revise of Copyright Law,summarizing the legal content of film works under Article 15 in theCopyright Law.Third,clarifing the identification and definition of occupational works.An occupational work is a work that reflects the will of the employee and is created by an employee to accomplish a unit's work task.The scope of work tasks in general occupational works includes the scope of contract purpose and the company's policy.The special occupational works include the works that are highly "practical" or "functional" and are created to complete reporting tasks.Fourth,the copyright ownership of occupational works can be agreed by the parties,the copyright of occupational works in general is owned by the creators,the creators in special occupational works own the personal rights,such as the signature right.And the property right is owned by the units.Fifth,if a work is a competition between an occupational work and a commissioned work.the parties give priority to the application of the commissioned work,and if there is only an occupational relationship agreement,we should consider the agreement of occupational work.If the parties are both agreed,time and errors should be considered.