Works Made For Hire And Ownership Of Their Copyright

Traditional works are completed independently by the author generally creative intellectual achievements,however,with the development of society and economy,work implemented a large number of replication,significantly improve the economic benefits,in order to realize the maximization of economic benefits,works tend to be more adequate units need money and manpower to support,so the more the author employed in the unit.This relationship between the author and the unit gives rise to a special type of work: based on the labor legal relationship between the author and the unit,the intellectual work created by the author in a clear working range is the works made for hire.Based on different cultural traditions and historical origins,there are differences in the protection of works made for hire in the two law systems: civil law countries consider works not only as property interests,but also as extensions of the author’s personality right,so the law should not only protect the author’s property rights,but also the author’s spiritual rights.In the common law countries,the value of works is mainly based on the property values,and it is believed that the value of works lies in the property rights that can be transferred to others,rather than in the protection of spiritual rights.Our country at the beginning of the "copyright law" established contrapose to the relevant provisions of the transplant and learning,due to work and copyright,divided by the "task" as the standard classification,outside of office at the same time there are commissioned works,works as a legal person and other special type,formed the copyright protection system with the characteristic of our country.However,in the judicial of the copyright law of our country,there are still some problems in the definition of works made for hire and the ownership of their Copyrights,such as confusion among different types of works,and unbalanced distribution of interests between units and employees.These problems are not conducive to the protection of the author’s copyright,may affect the author’s creative motivation,so as to reduce the production of excellent works,seriously affect the development of China’s cultural undertakings.Therefore,to further improve the protection of the author’s copyright is the focus of our country’s work related system.Based on the above ideas,this paper is divided into four parts to analyze the relevant system of our country’s works made for hire.Second,it analyzes the relevant system of our country’s job works and expounds the existing problems: for example,the definition standard of job works is fuzzy,and there is overlap between job works and legal works.The imbalance of profit distribution between the author and the unit.Third,through the study of the relevant copyright ownership system of foreign works,the author compares it with the current regulations in China,and tries to find the relevant system that China can use for reference.Fourthly,aiming at the problems of the relevant regulations of the work in the current system of our country,this paper proposes a perfect solution to the legislation of the work and strengthens the protection of the author’s copyright in the copyright law of our country.