广告语著作权保护案例研究.pdfVIP

上海交通大学硕士学位论文 ABSTRACT should be under protection of the copy rights. This thesis is written on the basis of case analysis. This thesis supports the idea that commercial slogans should be protected in the copy right laws. Most of the scholars supports the later of the two ideas. The second part of the thesis concerns the status approval of slogans in recruiting activities. Some believe that collecting slogans should be considered as solicitation of an offer but not a pure offer. Another view is more persuasive, they consider it as a contract under certain conditions, when the masterpiece is selected into final round, after meeting the prerequisites, the contract is enforced. The third part is concerning whether or not the personal works right could be transferred. Some of the scholars think that personal works right is obtained after some form of “creation”, and such “creation” fully represented the inner thoughts and moral wellbeing of the author, it has element of eternity and inalienability, and therefore it could not be transferred. Through case analysis, this thesis concluded several views. First of all, there are no clear specification in the “copy right laws” that stated personal work rights could not be transferred. From the rights point of view, transfer of rights should actually be considered as a part of taking use of personal work rights. Through classic case analysis of the above three items, I come to an conclusion of my point of view on commercial slogan protection IV