Research On The Copyright Ownership System Of Commissioned Works

In November,2020,the 23 rd meeting of the Standing Committee of the 13 th National People’s Congress passed the decision to amend the Copyright Law.There were no amendments to the commissioned works clause and the legal person works clause,but we can see the legislative trend and understanding of commissioned works in combination with other clauses,and we can have a deeper understanding of the content of commissioned works clause in combination with the Civil Code.After an in-depth study of the legislative provisions of commissioned works in China,there are the following problems in the study of related cases: commissioned works lacks the definition of Copyright Law,and now the academic circles define it from the perspective of civil law;The scope of the agreed ownership of copyright in commissioned works is not clear,mainly because whether the personal rights of works can be originally obtained through the entrustment contract;Under the condition that the copyright ownership agreement in commissioned works is unclear,whether the contract terms need to be explained;Judicial interpretation of copyright ownership of special commissioned works.Through the comparative study of copyright ownership in commissioned works,only nine special commissioned works in the United States can be conditionally converted into employment works,thus applying the principle of being regarded as an author.The principal enjoys copyright from the beginning,and the copyright ownership in commissioned works is still in accordance with the creator principle in general;Britain has no special provisions for commissioned works,but it stipulates that spiritual rights can be waived;Germany is a typical representative of monism,where creators of course originally enjoy copyright,while others are authorized licenses of the right to use.Japan has no commissioned works regulations,but its signature can be omitted for commissioned works regulations similar to speeches;China’s mainland and Taiwan Province have adopted a similar legislative model for the ownership of copyright in commissioned works.On a global scale,the copyright ownership of commissioned works mostly focuses on the protection of creators.In view of the ownership of copyright in commissioned works,this paper puts forward some corresponding suggestions: first,delete the provisions of the copyright law on legal person works;Second,delete the unclear attribution principle of commissioned works,and clarify the ownership of copyright through the principle of supplementing contract loopholes in civil law;Third,delete the judicial interpretation of special types of commissioned works shall be directly stipulated by law;Fourthly,it clarifies the scope of copyright ownership agreed by commissioned works,and stipulates that the right of authorship belongs to the creator.