Do creators of professional works have the right to authorize
my country's Copyright Law 》Article 16 stipulates:
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, 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 and product design drawings 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 , maps, 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. ”
The works stipulated in the second paragraph of the above provisions are special service works as mentioned in my country's copyright law. For special service works, the author only enjoys a signature rights, other rights are enjoyed by legal persons or other organizations.
Article 10 of my country’s Copyright Law stipulates:
“The right of signature is the right to indicate the identity of the author and to sign his name on the work. "Signature can be signed by your real name or a pseudonym, and you can be signed or not signed.
ThisWhen the copyright completely belongs to the author, the right of signature can be exercised independently as a right. However, in special works, this problem is a bit complicated, because at this time the work and the author are separated to a certain extent, and the signature In any case, it must be signed on the work or its copy, so a very absurd problem arises. The author wants to exercise the right of signature, but the work does not belong to it, or there is no work to sign, and for legal persons or other organizations He said that every time he copies or distributes a work, he has to ask if the author has signed it. Otherwise, there is a high risk of infringement because the author may not want to sign or want to sign. In this sense, the right of authorship also includes a very special right. In each release or reproduction or exhibition, the author can decide which time to sign and which time not to sign. This right is particularly important for special professional works, because only in this way can the right of authorship really be a right for the author. If a work or its copy can only have one right of authorship, it is the same as if the right of authorship can only be exercised once. The right to publish is no different.
We can see from the above provisions that the authorship rights of creators of professional works are determined on a case-by-case basis. The creators of some special professional works may not necessarily have its right of authorship. Therefore, the issue of authorship rights for work-for-hire works between a company employee and the company should be decided on a case-by-case basis. The above is the answer for you from Legal Savior Network. If you have any questions, please feel free to consult online!
