The Study On The Copyright System About Occupational Work

John Locke who is British philosopher said:" the time and labor by the authors in their Creations is no different from the cost of the other creators of the fruits of labor,so work should be to get their due reward like other labor." Today, while we Emphasis on material and spiritual civilization of parallel development,the protection of the work who have mental labor is being paid more and more attention, while the service works, as a special kind of work in the copyright law should be protected.However, there are significant loopholes in the law and legal gaps like Identification of Occupational Work and balance on the interests of the occupational work due to a work created with the complexity and specificity. Moreover, with a high degree of development of today’s society, new problems and new situations continue to emerge. However, the revision of the Copyright Act of2001barely involved Occupational Work,so copyright issues are resolved according to the provisions of the copyright law in1990in the judicial practice. Therefore, the problems on Occupational Work in the copyright system to be solved urgently. In this article, I presente some view through the light into the deep analysis and reflection.Firstly, I elaborate the basic theory about Occupational Work in china. With the introduction about the concepts and identify the elements of Occupational Work, and one by one detail the differences with the special work in turn, we can have some basic knowledge and understanding of Occupational Work.Secondly, I study comparatively with other countries’Occupational Work in the copyright system. Though relevant provisions of the foreign copyright, not only the difference between "property values" of the common law system and " personality values" of the civil law system be understanded, but also the rationality and progressiveness of Occupational Work By compared and analyzed in the copyright system in these countries can be learned.Thirdly, the problems of Occupational Work in the copyright system are exposed, such as the vague definition of Occupational Work, no guarantee in the rights of Occupational Work’auther, too much right of the units in Occupational Work. At last,the The enthusiasm of the creation of auther will be eventually dampened and the quantity and quality of Occupational Work will be reduced.Fourth, I Put forward some perfect countermeasures of Occupational Work in the copyright system.First of all, we should be made clear three principles of Occupational Work in the copyright system, as the creator protection principles, Benefit Balance Mechanism and principle of goal. Then, to improve the copyright system of Occupational Work, some specific measures shoud be carried out like redefine Occupational Work or the establishment of benefit-sharing mechanisms...