In Base of the Principle of free contract the Article 11 and Article 12 of the Copyright Act allow the agreement to regard the employer or the investor as author. The employer or the investor will gain the moral right and copyright when the work is finished. The reason for this agreement is to avoid the abuse of moral right of the creators and protect the use of the employer or the investor. However, the employer or the investor can transfer his copyright to the other. Under this situation the abuse of moral right may not be to avoid. In considering of this possibility the Article 11 and Article 12 of the Copyright Act don't achieve the aim, but make the creator not have moral right. In according to the problem this article will make a comparative study on Germany and try to find other solution to balance the Moral Right and Copyright.