1. The concept of service works
Service works refer to the work done by a citizen for the completion of a legal person or Works resulting from other organizational work assignments. Its characteristics are: the created work should fall within the scope of the author's responsibilities; the use of the work should fall within the normal work or business scope of the author's unit. In our country, except for special provisions of the law, the copyright of professional works belongs to the de facto author, that is, the natural person author. This is a "general job work".
Here "work tasks" refer to the duties that citizens should perform in the legal person or organization.
The "material and technical conditions" here refer to the funds, equipment or materials specially provided by the legal person or organization for citizens to complete their creations.
2. The issue of copyright ownership of professional works
According to the "Copyright Article 16 of the Law (revised on October 27, 2001) "Works created by citizens to complete the work tasks of legal persons or other organizations are service 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 completion of the work, without the consent of the unit, the author shall not allow a third party to use the work in the same manner as used by 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, maps, computer software and other professional works 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 is responsible;
(2) 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 this law, professional works belong to individuals or legal persons (legal person works), and if there is an agreement, the agreement shall prevail. If there is no agreement, it shall be determined by the material and technical conditions, liability, etc. based on which the work is completed.
Generally, unless there is a special agreement, the copyright of professional works belongs to the author, but the legal person has priority in using it within its business scope. Within 2 years of the completion of the work, the author may not, without the consent of the unit, The third party is allowed to use it at will. However, the two parties have agreed on the ownership of the work or the work created using the material and technical conditions of the legal person, and the legal person bears the responsibility, is defined as owned by the legal person.3. How to sign a copyright ownership agreement for professional works with an enterprise
According to relevant legal provisions, enterprises can sign relevant agreements with individuals to stipulate on copyright ownership issues .The following is how the copyright ownership agreement is written:
Copyright ownership agreement
Party A:
Party B:
Party B has created and completed the work. After the agreement between the two parties, the authorship rights of the work belong to other copyrights. All rights reserved.
Party A: Party B:
Year, Month, Day
I believe that after reading the above, you will have a certain understanding of the copyright of professional works. If you have other questions or the situation is complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome Get legal advice.
