How to determine the copyright of a commissioned work

In daily life, we see from time to time: some schools openly solicit school anniversary commemorative patterns from the public. Since there is no agreement on the Copyright ownership of the school anniversary commemorative patterns, after the selected original school anniversary commemorative patterns are published, the school anniversary commemorative patterns will The author of the pattern had a dispute with the school over the ownership of the copyright of the pattern; the author of some art works had a dispute with the entrusted funding unit over the ownership of the copyright of the commissioned work, etc. How to determine the copyright of a commissioned work? Please follow the editor of Legal Savior Network to learn more below.

How to determine the copyright of a commissioned work

As the direct creator of the work, the trustee should enjoy the copyright; However, the client usually creates conditions for the creation of the work and provides funds, materials and even creative equipment. Therefore, the client’s interests should also be protected.

In order to balance the interests of both the client and the trustee, Article 17 of my country's Copyright Law stipulates: "The ownership of the copyright of a commissioned work shall be agreed upon by the client and the trustee through a contract. The contract has not If there is an explicit agreement or no contract is concluded, the copyright belongs to the trustee." Therefore, if the client wants to obtain the copyright, he should make it clear in the contract that the copyright belongs to him when he concludes the entrustment contract. If there is no agreement or even if there is an agreement but the agreement is unclear, the copyright belongs to the trustee, that is, the creator.

When the copyright of the commissioned work belongs to the trustee , the client has the right to use the work within the agreed scope of use; if the two parties have not agreed on the scope of use of the work, the client can use the work free of charge within the specific purpose and scope of the commissioned creation.

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