[Direct answer]The right of authorship of a work cannot be transferred. Article 10 of the Copyright Law of the People's Republic of China (amended on November 11, 2020 and implemented on June 1, 2021) clearly stipulates that copyright includes personal rights and property rights. Among them, the right of publication, the right of authorship, the right of modification, and the right to protect the integrity of the work belong to personal rights, which should be enjoyed by the author himself and cannot be transferred under any circumstances; therefore, the provision stipulating the transfer of the right of authorship to others is invalid because it violates the mandatory provisions of the law. However, it is necessary to distinguish two things: one is the transfer of the property rights of copyright, including the right of reproduction, the right of distribution, and the right of dissemination through information networks; the other is allowing others to use the work and stipulating that it be published under someone else's name or a pseudonym. In practice, it is common for authors to allow others to use their works and stipulate the way of authorship in the contract, such as using the author's real name, stipulating a specific way of authorship, or retaining the author's identity. This arrangement belongs to the agreement on the way of use and authorship, and is not equivalent to the transfer of the right of authorship itself. It should be particularly noted that contracts involving the transfer and authorization of copyright should specify the scope of rights, the way of use, the term, the region, the fees, and the liability for breach of contract one by one, especially the handling of authorship and the protection of the integrity of the work, so as to avoid ownership disputes caused by unclear agreements.Intellectual property protection and corporate lawThe services in this column can assist in drafting relevant clauses.

I. Problem Background and Typical Scenarios

Common questions include: Can the commissioned works be signed under the name of the commissioning party? What is the validity of the agreement to waive the right of authorship in the labor contract? Is the agreement to publish the works under a pseudonym or pen name valid? How should the authorship be allocated in collaborative works? Can the commissioning party refuse to modify the works?Business and contract disputes in enterprisesThe analysis of contract terms in the column can be used for reference. Most disputes over authorship occur in scenarios of commissioned creation and cooperative development, and the lack of prior agreements is the main cause of these disputes.

II. Key points of contention

Focus One: Determining the ownership of the right of authorship. Focus Two: The legal effect of the clause stipulating the transfer of the right of authorship. Focus Three: The scope of the validity of the agreed upon method of authorship. Focus Four: Protecting the integrity of the work. Focus Five: The order of authorship in works with multiple authors. Focus Six: The distinction between works created in the course of employment and commissioned works.Special services and other casesThe rights analysis in the column is for reference only. Focus 7: The arrangement of authorship when a work is published abroad, and the differences in the protection of authorship rights in different jurisdictions.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm typically handles disputes over authorship rights in four steps. The first step is to identify the rights holders: verifying the creative process of the work to distinguish who is the actual author, who is the client, and whether there is multi-person collaboration. This is because the right of authorship first requires resolving the issue of rights ownership. If the work belongs to a legal person or is a work created in the course of employment, there are separate rules regarding the method of authorship. The second step is to review the contract terms: focusing on the provisions regarding the method of authorship to determine whether it is an agreement on the use and publication methods or an attempt to transfer the right of authorship itself. The former is valid, while the latter is invalid due to violating mandatory regulations. The third step is to assess the consequences of the damage: if the authorship arrangement damages the author's reputation or causes the work to be misrepresented, the author can claim rights such as the right to protect the integrity of the work and the right to use their name. The fourth step is to design a compliant solution: typically, this involves stipulating the method of authorship, the scope of modification, the ownership of the results, and the scope of authorization in the contract, rather than writing a general transfer of authorship rights. At the same time, registering the copyright and documenting the publication of the work can fix the author's identity and preserve evidence for potential disputes. It should be noted that many disputes in practice do not stem from malice, but rather from unclear contract terms. Therefore, the accuracy of the contract terms is more important than seeking legal protection after the fact.Special services and other casesThe contract review approach described in the column can be used as a reference for further study.

IV. Practical suggestions and legal basis

Action suggestions: Firstly, separately stipulate the transfer of property rights and the granting of use permission in the contract; Secondly, specify the method of signing and write down the specific requirements; Thirdly, stipulate the scope of modification and the review mechanism; Fourthly, preserve the evidence of the creative process; Fifthly, register the copyright to fix the author and the creation time; Sixthly, pay attention to the special rules for works created in the course of employment and collaborative works. Legal basis: Articles 2, 10, 11, 16, 17, and 18 of the Copyright Law of the People's Republic of China (amended on November 11, 2020 and implemented on June 1, 2021); The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the right of authorship belongs to personal rights, and any transfer agreement is invalid. Secondly, the agreement on the method of authorship belongs to the agreement on the mode of use, which is valid. Thirdly, the right of modification and the right to protect the integrity of the work also belong to the author's rights, and the client cannot exercise them arbitrarily. Fourthly, the rules of authorship and ownership of rights for commissioned works and works created in the course of employment are different, and they need to be applied separately. Fifthly, although registration is not a prerequisite for the establishment of rights, it plays an important role in providing evidence. Sixthly, for works with multiple authors, the order of authorship should be agreed upon in writing to avoid disputes arising afterwards.Labor arbitration and work-related injury compensationThe identification notes for commissioned works in the column can be used as additional reference materials.

VI. Frequently Asked Questions

Q1: What kind of right is the right of attribution?

The right of authorship belongs to the personal rights in copyright and is closely related to the author's identity, including the right to identify the author and sign the work. The Copyright Law clearly stipulates that personal rights such as the right of publication, the right of authorship, the right of modification, and the right to protect the integrity of the work shall be enjoyed by the author himself and shall not be transferred under any circumstances. The purpose of this provision is to prevent others from depriving the author of the name association with the work by means of contracts or transactions, so it will not be changed by contractual agreements.

Q2: Is it possible to have the work signed under the other party's name?

It's acceptable to reach an agreement, but the author's identity cannot be stripped away. A common compliant practice is to stipulate the method of attribution in the contract, for example, publishing the work under the name of the client or the project name externally, but retaining the author's identity in internal documents, promotional materials, and the author's resume, or agreeing to publish under a pen name. This constitutes an agreement on the publication method and attribution form, and does not transfer the right of attribution itself. At the same time, it should be noted that the author cannot be stipulated to waive the right to name or agree to any distortion or modification of the work. The latter may involve infringement of personal rights and violation of public order and good customs if the circumstances are serious.

Q3: How should the author's name be specified for a commissioned work?

These matters should be clearly stipulated in the contract. The content of the agreement typically includes: whether the author will be credited, the method of crediting, the location of the credit, and whether the client can request modifications and the extent of such modifications. At the same time, it is necessary to stipulate the ownership and usage rights of the work together to avoid disputes over the scope of authorization in the future. In practice, it is recommended to clarify these matters when signing the contract, rather than negotiating them after the work is completed, because by that time, both parties have already invested a lot and the cost of negotiation will be higher.

Q4: Is the clause stipulating that the author waives the right to be named as the author valid?

This is invalid. The Copyright Law clearly stipulates that personal rights such as the right of authorship cannot be transferred. Waiving the right of authorship is essentially the same as a transfer, and it is also an invalid agreement. However, it is necessary to make a distinction: if the agreement stipulates that the author cannot use his real name for signing but must use a pen name, this is an agreement on the method of signing, which is valid; only when the author's right to use his real name is completely deprived will it be invalid. In addition, if individual clauses are deemed to harm the public interest or violate public order and good customs, they may also be deemed invalid, so the boundaries of clause design need to be carefully grasped.

Q5: Can the author request to withdraw their byline?

It depends on the specific circumstances. The author always enjoys the right of authorship, but the right to revoke the authorization and stop subsequent use depends on the provisions of the authorization contract, and usually needs to be exercised in accordance with the procedures stipulated in the contract. If the contract allows termination at any time without any stipulated fees, subsequent use should be stopped after termination; as for whether the author needs to bear compensation liability for the use that has already occurred, it depends on the contract terms and the reasons for termination. If there are serious breaches of contract during the cooperation process, the author can also claim breach of contract liability and demand compensation according to the contract. It should be noted that if the work has already been published, the author can still claim rights when the integrity of the work is damaged, which means that if the work has already been published, the author can still claim rights when the integrity of the work is damaged, which is a different claim path from the request to withdraw the authorship.

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 evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglue 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.