What is the difference between professional works and legal person works?

According to the provisions of my country's Copyright Law, some works are produced by professional activities, such as works created to complete the work tasks of the unit. The ownership of the copyright of professional works often leads to certain disputes. So what is the difference between professional works and Legal person works? The following is The editor of Legal Savior Network provides readers with relevant knowledge answers.

What is the difference between professional works and legal person works

Hosted by, and represented by, a legal person or an unincorporated unit For works created at the will of an entity and for which a legal person or unincorporated unit assumes responsibility, the legal person or unincorporated unit shall be deemed the author. The conditions of the author are: a legal person or an unincorporated unit is responsible for the creation, that is, the legal person or an unincorporated unit is responsible for organizing the creation, rather than being carried out spontaneously by the staff of the unit.

Legal person works, also called unit works, refer to Works hosted by a legal person or other organization, reflecting the will of the unit or other organization, and for which the legal person or other organization assumes responsibility. From the perspective of legal provisions, there are three elements that constitute a legal person's work: First, it must be hosted by a legal person or other organization. "Presiding" means that a legal person or other organization presides over the human, financial, material, etc. aspects, such as convening personnel, investing, and carrying out corresponding management. Second, the work must represent the will of the legal person or other organization. In other words, the meaning expressed by the work is the meaning of the legal person or other organization. Third, the responsibilities arising from the work (including investment risks) must be borne by legal persons or other organizations. In addition, legal person works must be signed by the legal person and cannot be signed by others.

There has always been considerable controversy in our country regarding the works of legal persons. The existence of the phenomenon of "collective creation" is one of the main reasons for recognizing legal person authors. "Corporate works" exist because some works areIt has no meaning to publish in the name of the actual author of the author, but can only publish in the name of the legal person (or its representative); and believes that "publishing in the name of the legal person" should be strictly limited to only when it must be published in the name of the legal person, and both parties The parties have agreed in advance on the circumstances of such publication. Some scholars also believe that the provision of legal person works is unnecessary because it will cause confusion on the ownership of rights. "Corporate works" are products of the planned economy era and are no longer able to adapt to the gradual establishment of a market economic system. The two systems of legal person works and professional works have caused great confusion and caused confusion in the ownership of power in practice. Moreover, professional works and commissioned works can completely solve the problem of copyright ownership and legal liability of legal person works. Therefore, the concept of legal person works and related provisions are deleted.

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