职务作品产权归属与利益平衡.pdfVIP

I Abstract The main points of the article, which consists of two parts, attribution of the rights and the balance of interests. The author tries to get the solutions to the problem by comparing the difference between the author’s right law system and the copy’s right law system in the world. The conclusion is that people are taking the “double head” as the basic principle on works made for hire, which with mistakes and contradictions in the copyright law in China mainland. We built our own system, with three different standards for works made for hire. Unfortunately, it worked with low power. Therefore, it is better way to go back to the author’s right law system, like Germany or France, or other China district like Taiwan. Starting with the problem, we found at present. The basic study consists of the definition, distinction and classification on the works made for hire. It is found that taking the author’s right to be protecting is the better way to solve the problem; people will get what they want in the contract. Finally, the unit and the author will gain the portions of the cake; the result will be the win-win. The article contains five chapters, Chapter one, the questions we meet on the topic of works made for hire; Chapter 2, the definition, distinction, and classification; Chapter 3, the attribution of the right; Chapter 4, the balance of the interests Chapter 5, the Author made the suggestions on the works made for hire. Key words: works made for hire, the attribution of the copyright, the balance of interests II