Research On The Attribution Of Copyright Ofthe Works Made For Hire

The system of attribution of copyright rights of the works made for hire is an important system of the attribution of rights in the Copyright Law.Different from the natural works created by the author independently,the works made for hire utilize both the author’s creative intellectual labor and the material and technical conditions of the unit in the process of creation,and its system design should focus on the balance of interests between the author and the unit.From the point of view of system design,China’s system of attribution of copyright rights to the works made for hire adopts both the "utilitarian principle" of common law countries and the "author-centrism principle" of civil law countries,which has dual effects on the author’s spiritual interests and the unit’s economic interests.However,due to the influence of "heavy unitism",China’s current system of attribution of copyright rights to the works made for hire is still relatively weak in protecting the interests of authors.In addition,China’s Copyright Law has set up a similar system of corporate works in addition to the system of the works made for hire,which leads to the confusion of logic and overlapping of systems at the normative level.Judging from the status quo of judicial application of the copyright ownership system of the works made for hire,there are still some problems in the ownership system of the copyright ownership of the works made for hire in China.Difficulties and other judicial issues.In response to the above problems,through the normative analysis of the ownership of the copyright rights of the works made for hire,comparing the legal provisions outside the territory,and combing the cases of the copyright ownership and infringement disputes of the works made for hire,the following suggestions are put forward: For the improvement of the substantive rights of the copyright rights of the works made for hire,it is recommended to incorporate corporate works into the works made for hire,and increase the protection system for the rights and interests of authors;Regarding the improvement of judicial procedures for the ownership of copyright rights in the works made for hire,it is recommended to clarify the subject of litigation rights in disputes over the copyright ownership of the works made for hire,unify the judicial judgment standards for the identification of copyright ownership of the works made for hire,and summarize the ownership of copyright rights of the works made for hire under the relationship of entrustment.