Causes of Disputes Between Authors and Copyright Owners

During the exploitation and use of works, disputes between authors and copyright owners often arise due to differences in the interpretation and application of copyright law. In particular, for works created under employment relationships, assignments, or contracts, the failure to clearly identify the rights holder from the outset is a common cause of conflict and lawsuits between the parties.

Distinguishing Between Authors and Copyright Owners

According to Clause 2, Article 4 of the 2022 Intellectual Property Law, an author is a person who directly creates a work through their intellectual labor. The author is always an individual and is the subject associated with the creation process of the work. Although property rights to the work may be transferred, the author’s status remains unchanged and cannot be replaced by another organization or individual.

The Intellectual Property Law stipulates that the author’s rights include moral rights and property rights. Most moral rights, as defined in Article 19, are closely tied to the author’s honor and reputation and therefore cannot be transferred to other entities, except for the right to publish the work as prescribed by law.

Unlike the author, the copyright owner is an organization or individual who holds the property rights to the work. According to Article 36 of the Intellectual Property Law, the copyright owner can be the author himself, the organization or individual commissioning the creation, the commissioning party, or the party receiving the copyright transfer through a contract, inheritance, or other legal grounds. The copyright owner has the right to exploit the economic value of the work through the property rights stipulated in Article 20 of this Law.

Causes of Disputes Between Authors and Copyright Owners

Disputes between authors and copyright owners often do not stem from a single cause but arise from various factors in the process of creation, exploitation, and copyright registration. Some typical causes include:

Firstly, disputes arise from the absence or unclear definition of copyright in employment relationships or creative contracts.

According to Article 39 of the Intellectual Property Law, for works created under assignment or contract, the copyright owner is the organization or individual assigning the task or entering into the contract, unless otherwise agreed upon by the parties. However, in practice, many employment contracts or creative contracts do not specify or are not clearly defined regarding copyright for the created work. This lack of clarity leads to differing interpretations and applications among parties when a work generates exploitable value, thus giving rise to disputes.

Secondly, disputes arise from confusion between the author’s moral rights and the copyright owner’s property rights.

Although property rights to a work can be transferred to the copyright owner, according to Article 19 of the Intellectual Property Law, the author still retains moral rights, including the right to have their name on the work and the right to protect the integrity of the work. In many cases, copyright owners misunderstand the scope of their rights, believing that holding property rights means having the right to decide on all matters related to the work, leading to acts infringing on the author’s moral rights and giving rise to disputes.

Thirdly, registering copyright with the wrong entity is also a direct cause of disputes.

According to Article 49 of the Intellectual Property Law, copyright registration is not a condition for the creation of rights, but the copyright registration certificate has significant evidentiary value in case of disputes. In practice, there are many cases where registration dossiers declare information about the author or copyright owner that does not match the actual creation or the agreement between the parties, leading to complaints, requests for amendment, or cancellation of the issued certificate.

Fourth, disputes arise from the transfer of copyright that is not in accordance with or complete with the provisions of the law.

According to Articles 45 and 46 of the Intellectual Property Law, the transfer of copyright or the transfer of the right to use copyright must be made in writing and clearly define the scope, duration, and form of exploitation of the right. If the transfer contract does not clearly specify the content of the transferred rights or the parties do not understand the nature of the transfer, disputes may arise during the exploitation and use of the work.

Important notes when registering copyright to avoid disputes between the author and the copyright owner

First, clearly identify the legal status of each party before submitting the registration application: who is the author, who is the copyright owner, and what is the basis for establishing the rights (self-creation, employment contract, creative contract, transfer of rights, etc.).

Secondly, prepare complete documentation proving ownership, especially documents such as creative contracts, assignment decisions, copyright transfer documents, or commitments between the parties.

Thirdly, accurately and truthfully declare information in the copyright registration application form, ensuring consistency with the content of attached documents and the actual creation of the work.

Fourthly, clearly understand the limitations of the copyright owner’s rights, avoiding agreements or actions that infringe on the author’s personal rights, even if the owner is an organization or business.

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