How to determine software copyright
1. Software copyright belongs to the software developer, that is, it belongs to the actual organization and direct development. A legal person or other organization that is responsible for the developed software; or a natural person who independently completes software development based on its own conditions and assumes responsibility for the software.
2. Ownership of the copyright of cooperatively developed software A written contract shall be signed by the co-developers. If there is no written contract or the contract does not clearly stipulate, if the jointly developed software can be divided and used, the developers can independently enjoy the copyright for the parts developed by them; if the jointly developed software cannot be divided and used, the copyright shall be jointly enjoyed by all co-developers.
3. Accept the copyright of software developed by others on commission. The ownership of the copyright shall be stipulated in a written contract signed by the client and the trustee; if there is no written contract or the contract does not clearly stipulate, the copyright shall be enjoyed by the trustee.
4. For software developed with tasks assigned by state agencies, the ownership and exercise of copyright shall be stipulated in the project assignment letter or contract; the project responsibilityIf there is no clear stipulation in the letter of commitment or contract, the software copyright shall be enjoyed by the legal person or other organization that accepts the task.
5. During the natural person’s tenure in a legal person or other organization If the developed software falls under any of the following circumstances, the copyright of the software shall be enjoyed by the legal person or other organization:
a. Software developed for the development goals clearly specified in the job;
b. The software developed is the foreseeable or natural result of engaging in the work activities;
c. Developed mainly using the funds, special equipment, undisclosed specialized information and other material and technical conditions of legal persons or other organizations Software for which legal persons or other organizations assume responsibility.
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