Copyright ownership of commissioned works
According to Article 17 of the Copyright Law, “The copyright of commissioned works shall The ownership of the work shall be agreed by the client and the trustee through a contract. If there is no explicit agreement in the contract or no contract is concluded, the copyright belongs to the trustee.” According to this law, the copyright of the commissioned work shall be subject to the agreement. If there is no agreement, the copyright shall belong to the trustee. trustee.
The law stipulates that there are two situations in which the copyright of commissioned works belongs:
1. By the client Agree with the trustee in the contract;
2. If the contract does not explicitly agree or the contract is not concluded, the trustee shall enjoy it.
When entrusting a work, the client and the trustee should enter into an entrustment contract in accordance with the provisions of the Civil Code. The contract should clearly clarify the role of the client and the trustee in the creation process of the work. Their respective rights and obligations, and the ownership of the copyright should be clearly agreed upon by both parties in the contract. Such a contract established in accordance with the law shall be protected by law.
Characteristics of commissioned works
1. The trustee, through his/her own opinions or requirements, Created by intelligence and ability (Note: If the client participates in the creation process and adds the client's ideas and specific intellectual achievements, then it is a collaborative work and not just a commissioned work);
2. For commissioned works, according to the legal relationship of the Civil Code of Commission, the client shall bear legal liability to the outside world. Note: If the trustee illegally uses the work of others to create a commissioned work, causing the commissioned work to constitute infringement, then the trustee shall bear responsibility as the direct infringer, and the principal shall bear legal liability to the outside world. For example, in the lyrics infringement case of "Please Don't Say SORRY to Me", **Brothers Music Company commissioned Tang *tian to write lyrics. Later, the court held that Tang *tian's lyrics constituted infringement. Since Huayi Brothers Company was the client, therefore It is determined that the principal and the trustee constitute joint infringement and jointly bear tort liability;
3. Generally, commissioned works are paid, and the client pays the commissioned creative remuneration according to the agreement;
4. There is an agreement on the ownership of the copyright of the commissioned works. According to the agreement, if there is no agreement, the copyright belongs to the trustee.
The above is the relevant information about "the ownership of the copyright of entrusted works" summarized for you by the editor of Legal Savior Network. The ownership of the copyright of a work mainly depends on the following two factors: 1. It is agreed by the client and the trustee in the contract. 2. If the contract is not explicitly stipulated or there is no contract, it is owned by the trustee. This website is committed to creating high-quality lawyer consultation Services, if you have any questions, please feel free to consult a lawyer.
