How to define the ownership of copyright of different works
Copyright belongs to the author, and the law is different Except where specified. Authors include natural persons who create works, as well as citizens, legal persons and other organizations who are legally regarded as authors. In the absence of proof to the contrary, the citizen, legal person or other organization that signs the work is the author.
1. Interpretation of works
Adapt, translate, assemble, annotate and organize existing works The resulting works are collectively called derivative works, and their copyrights are enjoyed by the person who adapts, translates, compiles, annotates, and organizes them. However, when exercising rights, the copyright of the original work must not be infringed.
2. Database works
In a compilation work, any data or For other materials, works that constitute a database based on originality in selection or arrangement, the copyright of such compiled works belongs to the compiler.
3. Collaborative works
For works created jointly by two or more people, the copyright belongs to the co-author shared. People who did not participate in the creation cannot become co-authors. If the collaborative work can be divided and used, the authors can enjoy separate copyrights for the parts they created, but the copyright of the entire collaborative work must not be infringed upon when exercising the copyright. If a collaborative work cannot be divided and used, if the co-authors cannot reach consensus on the exercise of the copyright, no party may prevent the other party from exercising other patents other than transfer without justifiable reasons, but the proceeds should be reasonably distributed to all co-authors.
4. Film works and works created using methods similar to filmmaking
Such The directors, screenwriters, lyrics, composers, photographers, etc. of the work enjoy the right of signature. Other rights of copyright are enjoyed by the producers of film works and works created using methods similar to filmmaking. Film works and creations using methods similar to filmmakingThe author of any work that can be used independently, such as scripts, music, etc., has the right to exercise his/her copyright alone.
5. Legal person's works
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 regarded as the author.
6. Works for employment
Created by citizens to complete the work tasks of legal persons or other organizations The work is a professional work. Under normal circumstances, the copyright of the work for work is enjoyed by the author, and his or her unit has the priority to use it within the scope of business. Furthermore, within two years after the creation of the work for work is completed, the author shall not allow a third party to use the same work as the unit without the consent of the unit. use this work.
In cases where there are special provisions in the law, the copyright of work performed for work, except for the right of authorship, shall be exercised by the unit. These situations include: ① Professional works such as engineering designs, product design drawings, maps, and computer software that are mainly created using the material and technical conditions of a legal entity and for which the legal person or other organization is responsible. ② Works for which the copyright is owned by legal persons or other organizations as stipulated in laws, administrative regulations or contracts. The so-called material and technical conditions provided by the unit refer to the funds, equipment or materials specially provided for creation.
7. Job software
Developed by citizens while serving in legal persons or other organizations If the software is the result of performing one's job, that is, it is developed for the development goals clearly specified in one's job, or is a foreseeable or natural result of engaging in one's job activities, the copyright of the software belongs to the legal person or other organization. enjoy. If the software developed by a citizen while serving in a legal person or other organization is not the result of performing his or her job, the copyright of the software shall be enjoyed by the developer himself, unless otherwise agreed in the contract.
8. Commissioned Works
For commissioned works, the copyright belongs to the client and the trustee through a contract. If there is no express agreement in the contract or no contract has been concluded, the copyright belongs to the trustee.
9. Works with unknown authors
If the identity of the author of the work is unknown, the owner of the original work shall exercise the copyright except for the right of signature. Author After the identity is determined, the copyright shall be exercised by the author or his successor.
10. Works that are changed or terminated by legal persons or other organizations
If the copyright belongs to a legal person or other organization, after the legal person or other organization is changed or terminated, the right to use the work and the right to receive remuneration shall be vested in the legal person or other organization that inherits the rights within the protection period prescribed by law. enjoyed; if there is no legal person or other organization that bears its rights and obligations, it shall be enjoyed by the state.
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