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[Arthur Tan-Chi Yuan]
The term used in Judge Li's article is the “commissioned work.” This term is to be understood as “work-for-hire” as used in American Copyright law.
Similarly, Judge Li also cautioned the use of the term “agreement,” as opposed to the term “contract.” In above lawsuit, the parties failed to write a contract memorializing their oral agreement, which discussed the terms of the “commissioned work” and the copyright issues. It would certainly be helpful if the parties had a contract. With the contract, plaintiff would have had additional causes of action, breach of contract, etc., against defendant.
Also, the court's opinion also found that defendant was to blame for causing the dispute and the filing of the lawsuit. Such finding is not normal in American jurisprudence. Perhaps the judge included some tort concept in common law (or delict in civil law jurisdictions) in the opinion.