1. Can I receive royalties for professional works?
For professional works, you cannot receive royalties from the company. However, for professional works under one of the following circumstances, a legal person or unincorporated organization may pay the author Reward:
(1) Engineering design drawings and drawings that are mainly created using the material and technical conditions of a legal person or unincorporated organization and for which the legal person or unincorporated organization is responsible. Product design drawings, maps, schematics, computer software and other professional works;
(2) Works created by staff of newspapers, periodicals, news agencies, radio stations and television stations Works for employment;
(3) Works for employment in which the copyright is enjoyed by legal persons or unincorporated organizations as stipulated in laws, administrative regulations or contracts.
Article 18 of the Copyright Law of the People's Republic of China
Natural persons complete the work of legal persons or Works created by work assignments of unincorporated organizations are professional works. Except for the provisions of paragraph 2 of this article, the copyright is enjoyed by the author, but legal persons or unincorporated organizations have the right to priority use within the scope of their business. Within two years after the work is completed, the author may not allow a third party to use the work in the same way as the work is used by the unit without the consent of the unit.
For professional works that fall under any of the following circumstances, the author enjoys the right of authorship, and other copyright rights are enjoyed by legal persons or unincorporated organizations, and legal persons or unincorporated organizations may grant Author rewards:
(1) Engineering design drawings that are mainly created using the material and technical conditions of a legal person or unincorporated organization, and for which the legal person or unincorporated organization is responsible , product design drawings, maps, schematic diagrams, computer software and other professional works;
(2) Works created by staff of newspapers, periodicals, news agencies, radio stations, and television stations;(3) Works for which the copyright is enjoyed by legal persons or unincorporated organizations as stipulated in laws, administrative regulations or contracts.
2. What is the use of finding a lawyer when encountering copyright disputes?
Lawyers are familiar with the law and have rich experience in handling legal affairs. They can quickly help the parties understand the nature of the legal relationship, etc., and can help the parties handle it more professionally. case. Provide consulting services for patent protection strategies, trademark protection strategies and copyright;
Represent clients in other legal matters related to intellectual property; provide relevant legal consultation and Legal services; entrusted to participate in the investigation and evidence collection of infringement cases, and conduct cross-examination and debate on the evidence materials;
Apply to the People's Court for pre-litigation property preservation or Take other necessary measures to protect their legitimate rights and interests; assist judicial authorities in investigating and handling cases of intellectual property infringement, and provide necessary legal assistance to the infringed parties.
3. What are the general rights of copyright?
The right of publication is the right to decide whether the work will be made public; the right of modification is the right to modify or authorize others to modify the work; the right of signature is the right to indicate Authorship, the right to sign the work; reproduction rights, that is, the right to make one or more copies of the work by printing, copying, rubbing, recording, videotaping, ripping, remaking, digitizing, etc.; other rights.
Article 10 of the Copyright Law
Copyright includes the following personal rights and property rights:
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(1) Right of publication, that is, the right to decide whether the work will be made public;
(2) Signature Right, that is, the right to indicate the identity of the author and sign the work;
(3) The right to modify, that is, the right to modify or authorize others to modify the work;
(4) The right to protect the integrity of the work, that is, to protect the work from distortion , the right to tamper;
(5) The right to reproduce, that is, to reproduce the work by printing, copying, rubbing, recording, videotaping, ripping, remaking, digitizing, etc. The right to make one or more copies;
(6) The right of distribution, that is, the right to provide the original or copies of the work to the public by selling or donating it;
(7) Rental right, that is, to allow others to temporarily use audio-visual works, original copies of computer software, or The right to make copies, except where the computer software is not the principal subject of the lease.
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