Who should own the copyright of commissioned works?

The copyright of the commissioned work belongs to the person agreed upon by both parties. If the entrusting parties do not agree on the ownership of the copyright of the entrusted work or the agreement is unclear, the copyright of the work shall belong to the entrusting party in accordance with the relevant provisions of my country's Copyright Law. Regarding the question of who should own the copyright of commissioned works, the editor of Legal Savior Network will give you a detailed answer below.

1. Who should own the copyright of the commissioned work?

1. Commissioning The copyright of the work belongs to the person agreed upon by both parties. If the entrusting parties do not agree on the ownership of the copyright of the entrusted work or the agreement is unclear, the copyright of the work shall belong to the entrusting party in accordance with the relevant provisions of my country's Copyright Law.

2. Legal basis: "Copyright Law of the People's Republic of China 2020 Amendment":

Art. Article 19 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 20 The transfer of ownership of the original work will not change the ownership of the copyright of the work, but the right to exhibition the original works of art and photography shall be enjoyed by the owner of the original work. The author transfers the ownership of the original unpublished works of art and photography to others, and the transferee's exhibition of the originals does not constitute an infringement of the author's right to publish.

2. How many years of personal copyright property rights

1. The protection period of personal copyright property rights is the life of the author and fifty years after his death; personal copyright includes the right to sign, the right to modify, and the right to protect the integrity of the work. The term of protection is permanent; the term of protection of the right of publication is also the life of the author and fifty years after his death.

2. The protection period of the author's right of signature, right of modification, and right to protect the integrity of the work is not limited.

3. Citizens’ works, their right to publish, and the rights stipulated in Article 10, Paragraph 1, Items (5) to (17) of this Law The term of protection is the life of the author and fifty years after the death of the author, ending at 1 month of the fiftieth year after the death of the author.February 31st; if it is a joint work, the deadline is December 31st of the fiftieth year after the death of the last author. Works and copyrights (excluding the right of authorship) of legal persons or other organizations are enjoyed by legal persons or other organizations, and their right to publish and the rights stipulated in Items (5) to (17) of Paragraph 1 of Article 10 of this Law are The protection period is fifty years, ending on December 31, the fiftieth year after the work was first published. However, if the work has not been published within fifty years from the completion of its creation, this law will no longer protect it.

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