What is the difference between the right to authorize commissioned works and the right to authorize work for hire
For commissioned works, the ownership of the copyright is agreed upon by the client and the trustee through a contract. And works created by citizens to complete the work tasks of legal persons or other organizations are professional works , except for "Copyright Law" Article 16 paragraph 2, copyright is enjoyed by the author, but legal persons or other organizations have the right to Priority is given to its use within its scope of business.
Article 17 of my country's Copyright Law stipulates: The ownership of the copyright of a commissioned work 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.
Script creation is generally divided into commissioned creation and licensed use, and most of them are commissioned creations. Generally, producers and screenwriters will clearly stipulate the copyright of the script in the commissioned creation contract. Through analysis, we found that script disputes have to do with commissioned creation. The controversy is mainly reflected in the following two aspects:
( 1) Failure to make the intention of entrustment clear, resulting in disputes over copyright ownership and authorship rights.
That is, the contract signed by both parties did not clearly indicate that it was a commissioned creation contract, nor did it stipulate the ownership of the copyright. There was no clear commissioned creation relationship, which led to the inability to clearly apply Article 17 of the Copyright Law. The ownership of the final work was unclear. The specific signature requires evidence submitted by both parties.
(二) has clarified the entrustment relationship, but has not agreed on the ownership of the copyright.
In this case, Article 17 of the Copyright Law directly applies, the producer loses the copyright of the script, and the copyright belongs to the screenwriter. The producer only has the filming rights stipulated in the contract for the script.
Article 16 of the Copyright Law: Works created by citizens to complete the work tasks of legal persons or other organizations are Except for the provisions of paragraph 2 of this article, the copyright of a work for service shall be enjoyed by the author, but a legal person or other organization shall have priority in using it within the scope of its business. Within two years after the completion of the work, the author shall not permit a third party to use it in connection with the work without the consent of the unit. The work is used in the same way as used by the unit. For professional works that fall under any of the following circumstances, the author enjoys the right of authorship, and other rights of the copyright are enjoyed by legal persons or other organizations. Legal persons or other organizations may reward the author: (1) Mainly using legal persons or engineering design drawings, product design drawings,Maps, computer software and other professional works; (2) Professional works for which the copyright is enjoyed by legal persons or other organizations as stipulated in laws, administrative regulations or contracts.
I hope that through the above content you can sign the commissioned works Have a more in-depth understanding of some issues related to the rights of authorship and authorship of professional works. If your situation is more complicated, this website also provides online lawyer consultation services. You are welcome to seek legal consultation.
