1. Can a branch enjoy copyright?
Can a branch enjoy copyright? A branch is an unincorporated organization. Although it does not have legal personality, it can enjoy copyright as another organization under the Copyright Law.
However, the copyrighted works of the branch should be hosted by a legal person or other organization, created on behalf of the legal person or other organization's will, and the legal person or other organization should bear the responsibility. work. If disputes over copyright ownership are not avoided, the branch should sign the work.
The people we mention in copyright include not only citizens, but also legal persons and other organizations. Therefore, the person who creates the work can not only be a citizen, but also a legal person or other organization. Other organizations. Legal persons or other organizations can also become authors and enjoy copyright.
Copyright belongs to the author. Unless otherwise provided by law, the citizen who created the work is the author. For works hosted by a legal person or other organization, created on behalf of the will of the legal person or other organization, and for which the legal person or other organization assumes responsibility, the legal person or other organization shall be regarded as the author. In the absence of proof to the contrary, the citizen, legal person or other organization that signs the work is the author.
2. Can a branch apply for software copyright?
1. Branch offices can apply for software copyright.
When a branch applies for software copyright registration, in addition to the four regular materials required, such as the software application form, source code, instructions, and a copy of the business license, In addition, a certificate from the superior legal entity and a copy of the business license of the superior legal entity are also required.
2. When a branch applies for software copyright registration, it must submit the following main supporting documents:
(1) Natural person, legal person or other organization Proof of identity;
(2) If there is a written contract or project assignment letter for copyright ownership, the contract or project assignment statement must be submitted;
(3) With the permission of the original software copyright owner, software developed on the original software must submit the permission certificate of the original copyright owner;
(4) The heir, transferee or inheritor of rights shall submit proof of succession, transfer or inheritance of rights.
Failure to provide materials as required And software copyright is controversial and cannot be registered.
3. What is the method to obtain copyright?
The ways to obtain copyright are natural acquisition and non-natural acquisition.1. Original acquisition (natural acquisition)
The so-called original acquisition means that the acquisition of rights is not based on the existing rights of others, but is an initial acquisition of rights. The rights obtained through original acquisition Copyright is a complete copyright, including all copyright rights including personality rights and property rights.
2. Acquisition by inheritance (unnatural acquisition)
The so-called inheritance acquisition refers to the situation where the acquisition of rights is a derivative acquisition of rights based on the existing rights of others. The copyright acquired through inheritance is a partial copyright, that is, it only involves copyright property rights in the law, unless the law clearly stipulates it.
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