How is the right to authorize commissioned works embodied?
The right to authorize lies in personal rights It belongs to the identity right, which is an identity that can only be enjoyed based on specific legal facts or legal relationships. Creation is this specific legal fact. As for the right to authorize a work, only the author who actually participated in the creation of the work has the right to authorize. In a commissioned creation relationship, the client does not participate in the creation of the commissioned work, and therefore cannot enjoy the right of authorship. This right can only be enjoyed by the author of the commissioned work.
Article 17 of the "Copyright Law": For works created on commission, the ownership of the copyright shall be agreed upon by the client and the trustee through a contract. If there is no express agreement in the contract or no contract has been concluded, the copyright belongs to the trustee.
Article 47 of the "Copyright Law" contains the following Those who commit infringement shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:
(3) Those who did not participate in the creation but signed other people’s works in order to seek personal fame and fortune;
Article 48 of the Copyright Law includes the following Anyone who commits an infringement shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses; if it harms public interests at the same time, the copyright administrative department may order the infringement to cease, confiscate the illegal gains, and confiscate and destroy the infringing copies. If the circumstances are serious, the copyright administrative department may also confiscate materials, tools, equipment, etc. mainly used to make infringing copies; if a crime is constituted, criminal liability shall be investigated in accordance with the law:
(8) Producing and selling works that counterfeit the signature of others.
The above knowledge is the editor's answer to the question "How is the right to authorize commissioned works reflected?" If you need more legal help, you are welcome to go to the Legal Savior Network for legal consultation.
