저작권의 귀속주체에 관한 중국 저작권법의 규정과그 시사점

Abstract

The regulations of China's copyright act concerning ownership of copyright have distinguishing characteristics. Above all, the act has a provision about "corporation work" as well as "works made for hire". If a work is recognized as a corporation work, the corporation is treated as an author of the work and owns all the economic rights and moral rights of copyright. In contrast, in case of a general work made for hire, while the author who is a natural person owns all the rights of copyright, the corporation that is employer only has a right of using the work. On the other hand, in certain special cases about work for hire, the corporation has all the rights except the right of paternity which the author of the special work made for hire has. In conclusion, Chinese act has three different provisions about three kinds of works, that is to say a corporation work, a general work made for hire, and a special work made for hire. In addition, Chinese act has prepared a special provision about the ownership of commissioned work. Even though these provisions can have important implications for korea's legislation in respect of different treatment for different kinds of works or different relationship between the corporation and the author as a natural person, they also have several problems that we should not overlook. Especially the provisons that allow corporations in stead of natural persons who are the authors of works to have moral rights should be reexamined. Korea's copyright act which has bigger problems with the provision about works for hire than China's must be revised by critically referring to the copyright acts of various nations including China.