委托作品著作权归属问题研究

Research on the Ownership of Copyright in Commissioned Works

我国《著作权法》第17条中,受委托创作的作品著作权的归属可以由委托人和受托人通过合同约定的规定引发了很多争论,本文通过对著作人身权中的四项权利的分析,得出委托作品著作权归属可约定的内容中不应包含署名权的结论,即署名权只能归属于作者,不能由委托合同确定,并进一步提出对我国委托作品著作权归属的立法建议。

According to the Article 17 of Copyright Law in our country, the ownership of copyright for commissioned works can be agreed by the client and consultant through contracts, which has amused many argu- ments. This article analyses the personal fights of copyright from four rights and draws a conclusion which the copyright ownership for commissioned works can not contain the signature fight. Namely, the signature right only belongs to the author, it can not be determined by the commissioned contract. And furtherly it proposes some legislative ideas for copyright ownership of commissioned works in our country.