职务作品著作权制度研究
发布时间：2018-07-17 07:12
【摘要】：英国哲学家洛克说过：作者在创作作品时花费的时间和劳动,与其他劳动成果的创作人的花费没有什么不同,因此作品也应当像其他劳动成品一样,获得应有的报酬。在强调物质文明和精神文明并行发展的今天,凝结着作者智力劳动的作品的保护愈来愈受到重视,而职务作品作为著作权法中特殊的一类作品更应当受到保护。但是由于职务作品自身具有复杂性和特殊性,我国在对职务作品的认定、职务作品的著作权归属和职务作品的利益平衡等方面存在着很大的法律漏洞和法律空白。更何况随着当今社会信息高度的发展,新问题和新情况依然不断出现。可是,我国在2001年的《著作权法》修改中几乎没有涉及职务作品制度,所以至今我们在司法实践中解决关于职务作品著作权的问题实际上依据的是1990年著作权法中职务作品的规定。因此,关于职务作品著作权制度所存在的问题必须亟待解决。本文中,笔者通过由浅入深的分析和思考提出了一些自己的看法。 第一部分,对我国职务作品的基本理论进行了阐述。先是介绍了我国职务作品的概念、认定的要件,进而又与相关特殊作品逐一进行比较,并指出其不同点,从而对职务作品有了一些基本的认识和了解。 第二部分,与其他国家职务作品著作权制度进行了比较研究。在以“财产价值观”为核心的“版权体系”和以“人格价值观”为核心的“作者权体系”理论基础上,通过具体比较和分析这些国家职务作品著作权制度的合理性和先进性,以便能够为我国所学习和借鉴。 第三部分,揭露了当前我国职务作品著作权制度存在的问题。如职务作品的定义模糊,职务作品创作人权利没有保障,单位在职务作品中权利过大等,如果对这些问题继续放任,最终会抑制文化科学事业的繁荣与发展。 第四部分,提出了一些职务作品著作权制度的完善对策。首先,笔者认为应当明确职务作品著作权制度中应坚持的三大基本原则,即创作人保护原则、利益均衡原则和目的让与原则。在此前提下,再通过对相关概念的明晰、利益分享机制的建立等措施来完善职务作品著作权制度。
[Abstract]:The British philosopher John Locke once said: the author spends no different time and labor in the creation of his work than the creator of other labor achievements. Therefore, the work should be paid as well as any other finished work. Today, with the parallel development of material civilization and spiritual civilization, more and more attention has been paid to the protection of the author's works of intellectual labor, while the official works, as a special kind of works in copyright law, should be protected more and more. However, due to the complexity and particularity of the job work itself, there are a lot of legal loopholes and legal gaps in the recognition of the job work, the ownership of the copyright of the job work and the balance of the interests of the job work in our country. Moreover, with the development of social information, new problems and new situations are still emerging. However, in the revision of the copyright Law in 2001, there was hardly any reference to the system of job-related works in our country. So far, we have solved the problem of copyright in the judicial practice according to the provisions of the copyright Law of 1990. Therefore, the problems existing in the copyright system of job works must be solved urgently. In this paper, the author puts forward some views by analyzing and thinking from shallow to deep. The first part expounds the basic theory of our country's post works. First of all, it introduces the concept of our country's official works, the elements of identification, and then compares them one by one with the relevant special works, and points out their differences, so as to have some basic understanding and understanding of the post works. In the second part, the author makes a comparative study on the copyright system of the post works in other countries. On the basis of the theory of "copyright system" with "property value" as the core and "author's right system" with "personality value" as the core, this paper compares and analyzes the rationality and advanced nature of the copyright system of these national official works. In order to be able to learn and learn from our country. The third part reveals the problems existing in the copyright system of our country. If the definition of the job work is vague, the right of the creator of the job work is not guaranteed, and the right of the unit in the post work is too large, if these problems continue to be allowed, the prosperity and development of the cultural and scientific cause will eventually be restrained. In the fourth part, the author puts forward some countermeasures to perfect the copyright system of the post works. First of all, the author thinks that three basic principles should be clearly defined in the copyright system of official works, that is, the principle of the protection of the creator, the principle of balance of interests and the principle of transfer of purpose. Under this premise, through the clarity of related concepts, the establishment of benefit-sharing mechanism and other measures to improve the copyright system of job works.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D923.41
本文编号：2129547
[Abstract]:The British philosopher John Locke once said: the author spends no different time and labor in the creation of his work than the creator of other labor achievements. Therefore, the work should be paid as well as any other finished work. Today, with the parallel development of material civilization and spiritual civilization, more and more attention has been paid to the protection of the author's works of intellectual labor, while the official works, as a special kind of works in copyright law, should be protected more and more. However, due to the complexity and particularity of the job work itself, there are a lot of legal loopholes and legal gaps in the recognition of the job work, the ownership of the copyright of the job work and the balance of the interests of the job work in our country. Moreover, with the development of social information, new problems and new situations are still emerging. However, in the revision of the copyright Law in 2001, there was hardly any reference to the system of job-related works in our country. So far, we have solved the problem of copyright in the judicial practice according to the provisions of the copyright Law of 1990. Therefore, the problems existing in the copyright system of job works must be solved urgently. In this paper, the author puts forward some views by analyzing and thinking from shallow to deep. The first part expounds the basic theory of our country's post works. First of all, it introduces the concept of our country's official works, the elements of identification, and then compares them one by one with the relevant special works, and points out their differences, so as to have some basic understanding and understanding of the post works. In the second part, the author makes a comparative study on the copyright system of the post works in other countries. On the basis of the theory of "copyright system" with "property value" as the core and "author's right system" with "personality value" as the core, this paper compares and analyzes the rationality and advanced nature of the copyright system of these national official works. In order to be able to learn and learn from our country. The third part reveals the problems existing in the copyright system of our country. If the definition of the job work is vague, the right of the creator of the job work is not guaranteed, and the right of the unit in the post work is too large, if these problems continue to be allowed, the prosperity and development of the cultural and scientific cause will eventually be restrained. In the fourth part, the author puts forward some countermeasures to perfect the copyright system of the post works. First of all, the author thinks that three basic principles should be clearly defined in the copyright system of official works, that is, the principle of the protection of the creator, the principle of balance of interests and the principle of transfer of purpose. Under this premise, through the clarity of related concepts, the establishment of benefit-sharing mechanism and other measures to improve the copyright system of job works.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D923.41
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