How to determine the ownership of the copyright of commissioned works
Commissioned works refer to the commissioned work being paid by the commissioned person to the author, and the author pays the author according to the commissioned work Works created by human will and specific requirements. The copyright of a commissioned work is determined by the commissioning contract between the commissioning party and the commissioned person. Article 17 of the "Copyright of the People's Republic of China" stipulates: "The ownership of the copyright of a commissioned work shall be agreed upon by the principal and the entrustee through a contract. If there is no explicit agreement in the contract or no contract is concluded, the copyright belongs to the trustee." This is because the trustee accepts the commission to create the completed work and is the author of the commissioned work. Based on the legislative purpose of protecting authors and encouraging creation, copyright should be granted to a trustee in the absence of an agreement.
How to determine the ownership of copyright?
(1) For works created by individual citizens, creation The citizen of a work is the author, and that citizen has the copyright to the work.
(2) Works hosted by a legal person or other organization, created on behalf of the will of the legal person or other organization, and for which the legal person or other organization assumes responsibility, the legal person or other organization shall regard it as for the author. The legal person or other organization owns the copyright to the work.
(3) For works created jointly by two or more people, the copyright is shared by the co-authors. If a collaborative work can be divided and used, the authors can enjoy separate copyrights for the parts they created.
(4) For works produced by adapting, translating, annotating, and organizing existing works, the copyright belongs to the person who adapts, translates, annotates, and organizes them.
(5) A compilation of several works, fragments of works, or data or other materials that do not constitute a work, a work that reflects originality in the selection or arrangement of its content, is The copyright of a compilation work belongs to the compiler.
(6) For film works and works created using methods similar to filmmaking, the copyright belongs to the producer, but the screenwriter, director, photographer, lyricist, authorAuthors of compositions, etc., enjoy the right of authorship, and authors of scripts, music, etc. of works that can be used independently have the right to exercise their copyright alone.
(7) For commissioned works, 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.
(8) Works created by citizens to complete the work tasks of legal persons or other organizations are professional works, and the copyright is enjoyed by the author. However, if one of the following circumstances occurs, the author enjoys the right of authorship, and other rights of copyright are enjoyed by legal persons or other organizations:
(1) Mainly using legal persons or other organizations Engineering design drawings, product design drawings, maps, computer software and other professional works created under the material and technical conditions and for which legal persons or other organizations are responsible;
(2) Works for which the copyright is owned by legal persons or other organizations as stipulated in laws and administrative regulations or stipulated in contracts.
(9) The right to display original works of art belongs to the owner of the original work.
(10) For works of unknown author, the owner of the original work shall exercise the copyright except for the right of signature.
The above is what the editor has compiled for you. In the People's Court trials, it is difficult to determine the copyright of commissioned works, and it is easy to cause disputes and cause huge losses. , so it is recommended to find a professional copyright lawyer on the Legal Savior Network. I believe they can give you better advice and help in terms of copyright ownership.
