Dissertation
Dissertation > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Copyright Law

On Perfection of Copyright System of the Works Made for Hire in China

Author LiuYanChao
Tutor WangRuiLong
School Central South University for Nationalities
Course Legal
Keywords the works made for hire unit works copyright right of ownership
CLC D923.41
Type Master's thesis
Year 2011
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With the development of our society, our spiritual interests get more and more attention by country. Because of the complexity and particularity of The Works Made For Hire, the authors in some of those works are not so easy to identify, they often ignored by people, and they are difficult to get legal protection. Whether they should be protected and how to protect is the question in judicial practice. The author attempts to position the concept, the deficiencies in The Works Made For Hire and discuss the relevant regulations of foreign, thus put forward the corresponding perfecting rules of The Works Made For Hire.Firstly, I discuss the concept and difference between The Works Made For Hire and unit works. The definition of the Works Made For Hire. By analyzing and comparing the views of different scholars’and current law about the provisions of the Works Made For Hire, the author thinks that, The Works Made For Hire is the unit staff duties according to his own will in their duties that ranged for completion of this unit’s task; There are obvious difference between The Works Made For Hire and the unit works, the difference is prominently shown in, the will that they manifest their subject, the copyright main body and cause liabilities of the same subject.Secondly, I analyze the existing problems in copyright system of The Works Made For Hire. The problems in this system as follows, firstly, it’s difficult to distinguish The Works Made For Hire with the unit works. It is hard to distinguish the will and responsibility of them. Secondly, there are deficiencies in copyright ownership rules, as shown in the inadequacy of special duties unit of work the rights enjoyed by the provisions, the material interests in these works didn’t get protection.Thirdly, I inspect the copyright system and enlightenment major international conventions and two law. This paper introduces mainly the international convention on duty works copyright system of the relevant provisions, such as the Berne convention ", "world copyright convention and the TRIPS agreement the provisions on duty works copyright. This paper summarizes the copyright system regulation of continental law system and common law relevant state about The Works Made For Hire: The continental law system is based on "personality values" as the foundation for the author created by the principle of creators, and the countries of Anglo-American law system is based on "property values" as the foundation for the author created the mount of principle. This tells us that the creator can make contract agreement with the ownership, or it is stipulated by law, so to form a complete right ownership system,Fourthly, I point out several Suggestions to perfect our country’s copyright system of The Works Made For Hire. As following aspects: first, By perfecting the copyright law, solving the confliction between The Works Made For Hire and unit.; Secondly, in the copyright ownership. Establishing the principles that Works Made For Hire belong to the creator, and the property right is decided by the agreement of them.

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