When does the protection period of commissioned works start to be calculated?
Commissioned works are protected under copyright In terms of ownership, both parties are allowed to agree in a contract. The application of the protection period for this type of effect is determined based on whether the work belongs to the entrusting party or the entrusted party.
If the copyright belongs to the entrusting party, the protection period is 50 years after the first publication of the work; if the copyright belongs to the entrusting party, the protection period of the work is until the death of the author. The next 50 years.
Characteristics of commissioned works
First, it is completely It is created by the author's personal free will and is subject to the specific requirements of the client;
Second, the ownership of the original work generally belongs to the client, while the copyright belongs to the client It can be agreed separately;
Third, it is generally not created by the staff of the unit to complete their job, but by people outside the unit.
The difference between commissioned works and freelance works
Commissioned works are similar to job works. What both parties have in common is that the author of the creative work is not necessarily the copyright holder. The purpose is to create for others, that is, the creation of commissioned works is for the client, and the creation of professional works is for the author's unit.
The difference between commissioned works and job works is:
1. Relationship based on creation different. entrustWorks are created based on a commission contract, while job works are created based on the labor legal relationship between the author and the unit.
2. The principles of ownership of rights are different. The ownership of the rights to the commissioned works and legal authorization are determined by voluntary negotiations between the parties to the contract. Here, all or part of the copyright rights can be owned by a certain party through contractual agreement. There are only two situations stipulated by law for professional works, either all belong to the author, or all except the right of authorship belong to the unit. Otherwise, there is no other choice. Generally speaking, if the work to be created is not within the scope of its business, the two parties can enter into a commission contract. For professional works, creation cannot be carried out in the form of commission. The copyright ownership of professional works has been stipulated by the Copyright Law. The basis of this regulation is the special legal relationship between the author and the unit. This provision is the result of weighing the interests of both the unit and the author, which is just like the priority application of special laws.
The above are the legal provisions on commissioned works. The protection period of commissioned works is also based on the ownership of the copyright agreed by both parties, which is at least 50 years. Hope these can help you. If you have other legal issues, you can continue legal consultation on our Legal Savior Network. We have a more professional team that can provide better services.
