Hotspots · Analysis

Can the right of attribution be excluded or restricted through contractual agreements?

Recently, a screenwriter consulted the author: The commissioned creative contract signed between the screenwriter and a film and television production company stipulates that the copyright of all the work results completed by the screenwriter belongs to the commissioning party (i.e. the film and television production company), and whether the commissioned party (i.e. the screenwriter) signs the contract is ultimately decided by the commissioning party. Based on the aforementioned agreement on attribution in the commissioned creative contract, can the screenwriter claim the right of attribution in the film or television work?

The author's analysis of this is as follows:

1、 Mandatory protection of the right of signature by law

According to Article 10 of the Copyright Law and the relevant provisions of the Implementation Regulations of the Copyright Law, the right of attribution is the right of the author to indicate their identity and sign their name on the work, which belongs to the category of personal rights and has the characteristics of non transferability and permanent protection. Even in commissioned creative relationships, the right of attribution is not lost due to contractual agreements. The Supreme People's Court has clarified in relevant judicial interpretations that the right of authorship, as a fundamental right of authors, cannot be excluded or restricted through contracts.

Although the commissioned creative contract signed between the screenwriter and the film and television production company stipulated that "the right of attribution shall be determined by the film and television production company", this agreement is invalid due to violation of mandatory legal provisions. According to Article 153 of the Civil Code, civil legal acts that violate mandatory provisions of laws and administrative regulations are invalid. The personal attribute of the right of authorship determines that it cannot be transferred through a contract, and the production company shall not deprive the screenwriter of the right of authorship on the grounds of contractual agreement.

2、 Judgment Logic in Judicial Practice

1. The non disposability of the right of signature

In judicial practice, courts generally believe that the right of authorship is a natural extension of the author's identity and is directly related to the creative act. For example, in the case of a publishing house in Hebei Province suing Xue, the court clarified that the agreement that "the right of authorship belongs to Party B" is legal and effective, and even if the copyright belongs to the commissioning party as a whole, the author still retains the right of authorship. Similarly, in a sculpture infringement case, the Beijing Intellectual Property Court found that failure to give the author a name constitutes infringement, emphasizing that the right of authorship is the core identifier of the author's identity.

2. The impact of industry conventions

There is a clear tradition of authorship in the film and television industry, and screenwriter authorship is a common rule in the industry. According to Article 27 of the Implementation Regulations of the Copyright Law, when using someone else's work, the author's name should be specified, unless otherwise agreed by the parties or unable to sign due to the use method. However, film and television production clearly does not fall under the category of "unable to sign", and the act of production companies not signing their names violates industry conventions.

3. The effectiveness boundary of the contract agreement

Even if the contract explicitly states that "the right of signature is determined by the commissioning party", this clause can only constrain the method of signature (such as the order and form of signature), and cannot deprive the author of the right of signature itself. For example, the Supreme People's Court emphasized in judicial interpretations that the ownership of copyright in commissioned works can be agreed upon in the contract, but the right of attribution, as a personal right, still belongs to the author. If it is allowed to exclude the right of authorship through a contract, it will result in the author's identity being concealed, damage the authenticity of the work and public awareness, and violate the legislative purpose of the Copyright Law.

3、 Conclusion and relief measures

1. If the final commissioning film and television production company fails to give the screenwriter's signature in the film and television works created by the screenwriter that it broadcasts, it constitutes an infringement of their right of signature. Even if there is a contractual agreement between the two parties, this agreement cannot exclude the screenwriter's right of authorship.

2. Possible remedies available

(1) Negotiate and mediate: demand that the film and television production company cease infringement, rectify authorship, and compensate for losses;

(2) Administrative complaint: Report to the copyright administrative department and request that the film and television production company be ordered to make corrections;

(3) Civil litigation: filing a lawsuit for infringement, advocating for cessation of infringement, apology, compensation for economic losses, and reasonable expenses.

Industry · New Policies

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2. The Supreme People's Court and the Supreme People's Procuratorate issue the "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Intellectual Property Infringement"

On April 24, 2025, the Supreme People's Court and the Supreme People's Procuratorate jointly held a press conference to release the "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Intellectual Property Infringement" and typical cases of intellectual property criminal protection, and answered questions from reporters. Vice President Tao Kaiyuan of the Supreme People's Court, Chief Judge Li Jian of the Third Civil Division (Intellectual Property Trial Division) of the Supreme People's Court, and Deputy Director Liu Taizong of the Intellectual Property Prosecution Department of the Supreme People's Procuratorate attended the press conference. The press conference was chaired by Ji Zhongbiao, Deputy Director of the News Bureau of the Supreme People's Court.

The Interpretation consists of 31 articles, which are specifically divided into five parts: firstly, provisions related to trademark crimes. The second is the relevant provisions on the crime of counterfeiting patents. The third is the relevant provisions on copyright crimes. The fourth is the relevant regulations on trade secret crimes. The fifth is the provision on common issues of intellectual property crimes.

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4. Beijing plans to release the "Guidelines for Advertising Cosmetics"

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