[Direct answer]In the Beijing area, copyright ownership is determined by contractual agreement. If there is no clear agreement or no contract has been signed, the copyright belongs to the trustee. According to Article 19 of the Copyright Law of the People's Republic of China, for works created on commission, the ownership of the copyright shall be determined by the commissioner and the trustee through a contract; if there is no clear agreement in the contract or no contract has been signed, the copyright shall belong to the trustee. The right of authorship is a personal right of the author, which is enjoyed by the author. Therefore, if there is no clear agreement, the copyright (including the right of authorship) of the work generally belongs to the trustee, that is, the creator. The commissioner may use the work within the scope specified in the contract or for the purpose of the commission. Even if the contract stipulates that the copyright belongs to the commissioner, the personal rights such as the right of authorship are usually still enjoyed by the author. Therefore, who the authorship belongs to depends on the contractual agreement and the facts of the creation.

1. Problem background and typical scenarios

It's very common for companies to commission designers, photographers, copywriters, or software developers to create works, but both parties often only discuss prices and delivery, ignoring copyright and attribution of authorship. Afterward, when the company uses the works for promotions, competitions, or re-licensing, the creators claim authorship and accuse of infringement, leading to disputes; there are also cases where creators demand authorship, while the clients believe that the works should belong to them after payment. Commissioned creation involves multiple issues such as copyright ownership, the nature of authorship rights, and the scope of use. Unclear agreements in advance are the main reason for frequent disputes.

II. Key points of contention

The controversy focuses on four aspects: first, whether the contract clearly stipulates the ownership of copyright; second, whether the right of authorship can be transferred according to the agreement, and how its personal attribute should be understood; third, the scope of use and re-authorization allowed by the client; fourth, the burden of proof for ownership and infringement. In practice, the contract terms are usually reviewed first. If there is no agreement, the ownership is determined by law to belong to the trustee. Then, the client's scope of use is determined based on the purpose of the commission.

III. Professional analysis by Henglue Law Firm

Firstly, priority of agreement. The Copyright Law allows the client and the trustee to freely agree on the ownership of copyright. Where the agreement is clear and does not violate mandatory provisions of the law, the parties shall abide by the agreement. Therefore, the contract should specify the ownership of copyright, the scope of use, and the method of attribution. Secondly, ownership of copyright belongs to the trustee in the absence of an agreement. Where the contract does not make a clear agreement or is not concluded, the copyright belongs to the trustee, that is, the actual creator. This is an arrangement made by the law to protect creators. The client cannot claim ownership of the copyright merely by paying remuneration. Thirdly, the personal nature of the right of attribution. The right of attribution belongs to the personal rights of the author, indicating the author's identity and the right to sign the work as the author's inherent right, which generally cannot be deprived by agreement. Even if the copyright property rights are agreed to belong to the client, the creator can still claim the right of attribution and protect the integrity of the work. The client shall not distort, alter, or arbitrarily remove the attribution. Fourthly, scope of use and determination of infringement. The client may use the work within the agreed scope or for the agreed purpose. Exceeding the scope or allowing third parties to use the work may constitute infringement. The trustee shall also deliver the work in accordance with the agreement and ensure that the work does not infringe others' rights. Fifthly, practical suggestions. When commissioning creative work, a written contract should be signed, specifying the ownership of copyright, the method of attribution, the scope of use, whether the right can be sub-licensed, and the liability for breach of contract. During the performance of the contract, records of delivery and communication should be preserved, so that the parties can assert their rights based on the contract and the creative facts in the event of disputes. When handling copyright and contract disputes, our firm usually organizes evidence around the contract terms, creative facts, and usage behavior to help clients clarify the ownership of rights and the liability for infringement.

IV. Practical suggestions and legal basis

The first step is to sign a commissioned creation contract, which clearly stipulates the ownership of copyright, the method of attribution, and the scope of use. The second step is to determine the ownership according to law if there is no agreement. In this case, the trustee enjoys the copyright, and the client may only use it within the scope of the commission. The third step is to retain the records of the creative process and delivery as evidence of ownership and performance. The fourth step is to resolve infringement or ownership disputes through negotiation, administrative complaints, or litigation, and to claim cessation of infringement, apologies, and compensation for losses. The main legal basis: Article 3 (Definition of Works), Article 10 (Content of Copyright), Article 19 (Ownership of Commissioned Works), and Article 52 (Infringement and Civil Liability) of the Copyright Law of the People's Republic of China; the relevant provisions have been implemented since June 1, 2021, and the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

Commission a work and specify three clauses regarding authorship: If an agreement is in place, the copyright shall belong to the trustee; if no agreement is in place, the copyright shall belong to the trustee. The right of authorship is a personal right and cannot usually be deprived by agreement. The contract should clearly specify the ownership, authorship, and scope of use, rather than just discussing money without discussing rights. For matters involving copyright and corporate affairs, you can seek legal advice throughIntellectual property protection and corporate lawWe provide a comprehensive solution for services, and those involving contract disputes can be resolved jointlyBusiness and contract disputes in enterprisesFor plates, those involving infringement compensation can be referred to for referenceSpecial servicesFor columns involving cross-border licensing disputes, you can seek advice from us\nFinancial capital and cross-border transactions involving foreign entitiesTeam.

VI. Frequently Asked Questions

Q1: Who owns the copyright to the works commissioned for creation?

Where there is an agreement, the rights shall be governed by the agreement; where there is no explicit agreement or no contract, the copyright shall belong to the trustee. The right of authorship shall generally be enjoyed by the author, that is, the trustee. The client may use the work within the scope specified in the contract for the purpose of the commission.

Q2: What evidence do I need to prepare to prove ownership and infringement?

The commissioned creation contract, the creation process and delivery records, communication traces, the original works or drafts, and evidence of the other party's use or modification of the signed works.

Q3: Are the costs of such rights protection high?

For cases with clear ownership, the cost is manageable, and fees are charged based on the subject matter of the dispute. Clients can negotiate with lawyers to pay in stages or on a contingency basis, subject to the provisions of the entrustment contract.

Q4: How long does it take to protect one's rights?

Negotiations and administrative complaints are usually resolved more quickly. For cases that proceed to litigation, the first-instance trial is generally concluded within a few months. However, cases involving complex appraisals or cross-border factors may take longer, depending on the court's scheduling arrangements.

Q5: What should I do if the client refuses to let me be credited as the author?

You can first assert your right to be credited in writing and request a correction. If the negotiations fail, you can file a lawsuit to demand a correction of the credit, an apology, and compensation for losses, while retaining the work and evidence of its use.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit.Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.