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“为他人创作之作品”主要包括委托作品、职务作品等,具有主体分离性特征,其著作权归属受到著作权法的特别规制。具有作者权传统的立法以创作者为其初始的著作权人,而具有版权传统的立法则把创作发起者的利益、合同双方的约定放在优先地位。实践中,国际规范性文件以及越来越多的国内立法对上述两种惯例进行了混合。我国现行著作权法在混合两种原则的同时,未能较好地处理好二者之关系,存在一些有待修改之处。
“Works created for others ” mainly includes the commissioned works, job titles, etc., which are characterized by the separation of the subject and the copyright ownership of which is subject to the special regulation of the copyright law. The legislation with the author’s right of tradition takes the creator as the original copyright owner, while the legislation with the copyright tradition places the originator’s interests and the contractual agreement as the priority. In practice, both international normative documents and more and more domestic legislation have mixed these two practices. The current copyright law in our country, while mixing the two principles, fails to properly handle the relationship between the two and there are some areas to be amended.