Ordinary Duty

This concerns the ownership of copyright in ordinary works made in the course of employment. Film Studio A arranged for employee Jiang Ge to create the screenplay Rescued for use in filming, but made no agreement regarding ownership of the screenplay's copyright. The screenplay was an ordinary work made in the course of employment. Its copyright belonged to the author. However, Film Studio A enjoyed a priority right to use the work within its business scope for two years. Therefore, during those two years, without A's permission, the copyright owner could not license a third party to use the work in the same manner within A's business scope. Of course, during those two years, with A's permission, the author could license a third party to use the work in the same manner as the unit, but the proceeds obtained should be shared between A and the author. The unit's right was merely a priority right of use within its business scope for two years, such as adapting it into a film and being responsible for its distribution. Therefore, the author had the right to license the screenplay to a third party for publication without A's permission. That was permissible. The second type of work made in the course of employment was a special work made in the course of employment. The copyright in such a work belonged to the unit. The author only enjoyed three rights: first, the right of attribution; second, the right to receive rewards; and third, the right to receive remuneration. If the unit licensed others to use the special work made in the course of employment or transferred it, the remuneration obtained should include a certain payment to the author. The copyright in a special work made in the course of employment belonged to the unit.