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International Law

: IP Dragon

How To Get The Copyright When You Commission a Work in China?

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Xu Hui-Meng of the Henan University of Finance and Economics, Zhengzhou, wrote in May of 2010 the article: 'The research on the nature of the agreement of the ownership of the copyright of the commissioned works' for the Journal of Guangxi Administrative Cadre Institute of Politics and Law (????????????), volume 25, number 3.

Abstract:

"The copyright of commissioned works [has] important contract terms. The nature of the ownership of copyright agreement is related to the client to obtain the copyright, the trustee obligations and the balance of the interests of both sides. The client gets the copyright through the commissioned works contract that is called achieving by the following. As a result of the invisible works and lack of copyright registration system , the Trustee fulfills his obligation by the legal presumption of copyright transfer. The transfer of the copyright happens with the creation of the commissioned works. The writing contract of the Commissioned works often becomes public means of copyright transfer. Payment from the client and the copyright transfer from the trustee constitute the consideration that impacts copyright transfer."

Read Xu's article here (pdf in Chinese). Picture Danny Friedmann, Yangshuo, Guangxi Province.

Full post as published by IP Dragon on November 04, 2010 (boomark / email).