委托作品著作权归属约定的性质研究

The research on the nature of the agreement of the ownership of the copyright of the commissioned works

著作权归属是委托创作合同的重要条款,著作权归属约定的性质关系到委托人著作权的取得、受托人义务的履行以及双方利益的平衡。在债权形式主义的背景下,委托人通过委托创作合同取得著作权属于继受取得,由于作品的无形性和著作权登记制度的缺失,受托人移转著作权依赖法律推定。著作权从创作完成之日开始移转,委托创作合同的书面形式往往成为著作权移转的公示手段。但是委托人支付报酬的义务与受托人移转著作权的义务构成对价,并对法律推定的著作权的移转产生影响。

The copyright of Commissioned works is an important contract terms. The nature of the ownership of copyright a- greement 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 invis- ible works and lack of copyright registration system, the Trustee fulfills his obligation by the legal presumption of copyright trans- fer. 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 t trustee con- stitute the consideration that Impacts copyright transfer.