1. Copyright ownership of survey and design documents
Article 16 Citizens are legal persons Or Works created by other organizational tasks are professional works. Except for the provisions of paragraph 2 of this article, the copyright is enjoyed by the author, but legal persons or other 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 rights of copyright are enjoyed by legal persons or other organizations. Legal persons or other organizations may reward the author:
(1) Engineering design drawings, product design drawings, and maps that are mainly created using the material and technical conditions of a legal person or other organization, and for which the legal person or other organization assumes responsibility , computer software and other professional works;
(2) Professional works for which the copyright is enjoyed by legal persons or other organizations as stipulated in laws, administrative regulations or contracts.
According to the provisions of the Copyright Law, survey and design documents are professional works, and the copyright of survey and design documents belongs to legal persons or other organizations.
2. How to identify professional works
1. my country’s Copyright The Law defines service works as “works produced to complete the work tasks of a legal person or other organization.” Because the provisions of "work tasks" are too general and prone to ambiguity, this results in people's inconsistent understanding of job works.
2. The legal feature that the created work should fall within the scope of the author's responsibilities should include two meanings: First, the scope of responsibilities must be determined by the labor contract or related Regulations are directly determined; on the other hand, the works created by the author are required to be directly related to the normal business of the author's unit.
In the review of job worksIn the identification, the "scope of responsibilities" should be strictly defined, otherwise, many personal works will be classified as professional works, which not only dampens the enthusiasm of the creators, but also reflects the unfair distribution of social interests. In the process of judging job works, the following factors deserve great attention:
(1) Job works and whether the author created them during working hours. The creation of works is different from the production of products (when manufacturing products, the manufacturer can leave the job after the working day is over, regardless of whether the work task is completed or not). The creation process of works is a continuous psychological process and a continuous writing process. Sometimes the situation is that during working hours, only the preliminary idea of creating a work is made, and after working hours, the work is still unable to stop, so the idea is realized in a certain objective form, and the work is further refined and processed. In this way, it is difficult for us to determine whether the conception and creation of a work is within "working time". Therefore, working time cannot (and is impossible) be used as a criterion to judge whether a certain work is a work for employment.
(2) Whether the work and the author used the material and technical conditions of the unit to create it. In fact, many works, especially social science works, hardly need to make use of the material and technical conditions of the unit, but they are work works; on the other hand, some works created by authors who take advantage of the material conditions of the unit are not necessarily work works . In this case, it could also be a commissioned piece or another type of work. Therefore, we cannot judge whether a certain work is a professional work based on material and technical conditions.
In summary, the second legal feature of professional works is that the created works should fall within the scope of the author’s responsibilities. Only works created by the author within the scope of the author's responsibilities specified in the employment contract (or the work unit's duty regulations, long-term work plans, or other regulations that the unit's staff must implement) are work for hire. We can never classify works beyond this scope into professional works. Otherwise, it will not be conducive to protecting the author's rights and interests, and will also seriously weaken the author's creative enthusiasm.
3. Professional works reflect the author’s personal will, and their ideological content is determined by the author.
In the process of creation of employment works, although legal persons or other organizations will inevitably have a large or small impact on the creation of the author of employment works, the creative behavior The subject should be the author of the professional work rather than the unit. The author of a professional work can completely decide how to choose words and sentences, how to choose shooting locations, and what style and techniques to use during the creative process. In other words, the content of this kind of work can fully reflect the thoughts and emotions of the author of the work for work, and the work reflects the will and emotion of the author of the work for work.personality. Therefore, it can be said that the author of a professional work is a person who has made original contributions to the work.
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