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A Study on the Nature of the Collection Contract and the Copyright of the Collected Slogans

Author: GuanZuo
Tutor: WangLingHong
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Call for slogan Written works Commissioned works contract Commissioned works Moral rights
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 53
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Abstract

The development of science and technology, social progress and the rise of new media to promote the development and prosperity of the advertising industry, advertising design even more colorful, brilliant. At the same time, the slogan has become to attract audiences, communicating a vision, even successful marketing is the key to establish a brand image. Therefore, many companies spared no expense to collect the slogan, and even some public service slogan of the road to brainstorming. The slogan collect include internal collection and external collecting two. Internal collection is announced within the enterprise or a meeting arranged in the form of the task to collect a good idea of ??the employees and the new ideas and being used in advertising design; external solicitation behavior immediately open call to the community. This article does not consider corporate labor relations of workers to take advantage of the material conditions of the enterprise, funds, materials or equipment creation, to study targeting the external solicitation slogan legal issues. To acquire the slogan as a starting point, first of all to discuss the nature of the solicitation slogan behavior analysis of candidates released for the 8th and sent to work in the form of acts such as contract law, draw more acts belonging to the offer and acceptance conclusions , that is established for the 8th form of the commissioned works contract, the contract of the nature of the commission contract; Second, the combination of the features and elements of the works, especially the works of originality requirements, comparing the solicitation slogan various categories and manifestations confirmed that part of the creation of a high degree of solicitation slogan written works; again, fact commissioned works for the commission contract, combined with the provisions of Article 17 of the Copyright Law, elaboration and argumentation theory and legislation at home and abroad, and combined China's basic national conditions and judicial practice, the status quo, on the question of attribution of commissioned works to explore, as well as the rights of the parties did not have the agreement when the distribution plan to discuss the analysis, in order to maximize the collection of parties and candidates the right to party; Finally, in demonstration of moral rights non-transferable right of authorship, the right to modify and protect the integrity of the work, the right moral rights as well as solicitation slogan economic rights to use and exploit the itemized analysis, to provide a reference for the practical application. Theoretical introduction of our intellectual property rights and legislation are lagging behind, the people's awareness of IPR protection has not been good to establish, in turn resulted in the practical application of various rights conflict, copyright disputes is increasing every year. The face of the advancing tide of the endless stream of new situations and new contradictions of the market economy, only a down-to-earth to strengthen theoretical study to follow up on the practical operation, in order to seek a balance between the law and reality.

A Study on the Nature of the Collection Contract and the Copyright of the Collected Slogans

Abstract

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