How does degree copyright belong?

Students publish before earning their degree, especially some graduate students. Since the dissertation work was completed by the student, but the instructor provided guidance and revision, how does the degree copyright belong to it? Below, the editor of Legal Savior Network will introduce it to you, hoping it will be helpful to you.

How does degree copyright belong?

Graduates’ dissertations belong to When students create independently, they are the real authors, and the copyright should also belong to the students themselves.

First of all, thesis is not a collaborative work. A cooperative work refers to a work jointly created by two or more natural persons, or a natural person and a Legal person or other organization, or two or more legal persons or other organizations. Although the tutor guides the thesis throughout the process and provides opinions and suggestions, after all, the thesis is completed independently by the student. According to Article 3, Paragraph 2 of the Implementing Regulations of the Copyright Law: “Organizing work for others’ creations, providing consulting opinions, material conditions, or performing other auxiliary activities are not considered creations.” It can be seen that providing consulting opinions In our country's law, it is not considered a creative act and is only defined as an auxiliary activity.

Secondly, thesis is not a legal person’s work. Article 11, Paragraph 2 of the Copyright Law stipulates: “For works created under the auspices of, on behalf of, or on behalf of a legal person or other organization, and for which the legal person or other organization assumes responsibility, the legal person or other organization shall be deemed to be the author.” According to the regulations , there are three elements that constitute a legal person’s work: it must be hosted by a legal person or other organization. "Hosting" means that the initiation and creation process of the work are carried out by a legal person or other organization, and proper arrangements and management are made in terms of people, finances, materials, etc. The work must represent the will of the legal person or other organization, that is, the meaning expressed by the work is the meaning of the legal person or other organization. Responsibility for the work must be borne by legal persons or other organizations. In addition, legal person works must be signed by the legal person or other organization and cannot be signed by others. The creation of the thesis is not organized by the school, nor does it represent the will of the school. After the thesis is completed, the school does not assume responsibility. At the same time, it is the student himself who signs the thesis, not the school, which can also be used to infer that the thesis is not a legal work.

Thirdly, graduate theses are not professional works. Article 16 of the Copyright Law: "Works created by citizens to complete the work tasks of legal persons or other organizations are professional works. Except for the provisions of paragraph 2 of this article, the copyright is enjoyed by the author, but the legal person or other organization has the right to priority use within the scope of its business. The work is completed Within two years, without the consent of the unit, the author shall not allow a third party to use the work in the same manner as the unit uses it. For a work for employment that falls under any of the following circumstances, the author shall have the right of signature, and other rights of copyright shall be enjoyed by legal persons or other organizations, A legal person or other organization may award the author:

(1) The creation is mainly based on the material and technical conditions of the legal person or other organization, and the legal person or other organization shall bear the responsibility Engineering design drawings, product design drawings, maps, computer software and other professional works;

(2) Laws, administrative regulations or contracts stipulate that the copyright belongs to legal persons or other Service works enjoyed by the organization." The key to judging job works is to define what is "for the purpose of completing work tasks." The so-called work tasks of the unit, in accordance with the provisions of Article 11, paragraph 1, of the "Regulations on the Implementation of the Copyright Law of the People's Republic of China" refer to the duties that citizens should perform in the legal entity or organization. Dissertations cannot be classified as professional works because there is no labor contract relationship between the student and the school, and completing the thesis is not the student's work task.

From the above introduction, we can see that the dissertation is an independent creation of the student. The student is the author, and the copyright should also belong to the student. If you have other related questions you would like to know, please feel free to consult the free legal consultation of Legal Savior Network, which can help you answer your doubts.