On the Ownership of News Works for Hire:

A Discussion on the Revised Draft of Copyright Law

Zou Ju

Chinese Journal of Journalism & Communication ›› 2013, Vol. 35 ›› Issue (10) : 142-151.

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PDF(1752 KB)
Chinese Journal of Journalism & Communication ›› 2013, Vol. 35 ›› Issue (10) : 142-151.

  On the Ownership of News Works for Hire:

A Discussion on the Revised Draft of Copyright Law

  •  
    Zou Ju is a lecturer at the School of Journalism and Communications, Nanjing
     Normal University. Email: 42378@njnu.edu.cn.
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Abstract

  With the development of new media technology and the industrial operation of medium, news media ask for more rights of works for hire. Accordingly, the revised draft of copyright law provides that the news works for hire is a special type, which reverses the rights distribution between media and reporter, but also brings a new set of problems.This paper argues that, the parties’ autonomy should be respected firstly. In the absence of agreement, the “exclusive right to use” can basically meet the rights requirement of media, so the news works for hire should be treated as a general type in the arbitrary norm. Meanwhile, the collective negotiation and judicial rectification mechanism should be established to prevent the convention imbalance.

Key words

works for hire / copyright / interests balance / communication law

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Zou Ju.   On the Ownership of News Works for Hire:
A Discussion on the Revised Draft of Copyright Law
[J]. Chinese Journal of Journalism & Communication. 2013, 35(10): 142-151

Funding

  This Paper is a part of the project “Research of the copyright strategy of TV content industry”(Project Number: 2012SJB860003), funded by the Projects of Philosophy and Social Science Research in Colleges and Universities in Jiangsu Province.

A Discussion on the Revised Draft of Copyright Law
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