How to determine the ownership of software copyright
Software copyright belongs to the software developer, unless otherwise provided in these regulations. According to the provisions of this article, computer software copyright belongs to the developer of the software.
1. Computer software copyright belongs to natural persons.
2. Copyright of software developed through cooperation. For software jointly developed by two or more natural persons, legal persons or other organizations, the ownership of the copyright should be stipulated in a written contract signed by the co-developers. The co-developers have not agreed in the contract, or the agreement is unclear.
1) The software developed through cooperation can be divided and used. Developers can independently exercise copyright on the parts they develop, but when exercising copyright, they must not infringe the overall copyright;
2) If the jointly developed software cannot be used separately, its copyright shall be shared by all parties involved in the joint development;Copyrighted computer software shall be exercised by developers through consensus. If consensus cannot be reached and there is no legitimate reason, no party shall prevent the other party from exercising its copyright rights (except for the right to transfer), but the proceeds shall be reasonably distributed among the copyright owners.
3. Developed on commission Computer software copyright. The copyright of computer software entrusted to be developed is determined by the client and the trustee in the entrustment contract. If it is not determined or the determination is unclear, the copyright of the computer software belongs to the trustee.
4. Software developed by tasks assigned by state agencies, Computer software copyright is enjoyed by the person specified in the project assignment letter or contract. If there is no explicit provision, the rights are enjoyed and exercised by the legal person or other organization that accepts the assignment.
5. Natural persons in legal persons or natural persons in other organizations If the software developed during the period of employment falls under any of the following circumstances, the copyright of the software shall be enjoyed and exercised by a legal person or other organization:
1) Software developed for the development goals clearly specified in the job;
2) The software developed is a foreseeable or natural result of the work activities; 3) The funds of legal persons or other organizations are mainly used , special equipment, undisclosed specialized information and other material and technical conditions, and shall be the responsibility of legal persons or other organizations. exhaustEven if a natural person is the specific actor who develops software, the copyright of the software is still not owned by the natural person, but the legal person or other organization should give the natural person certain material rewards.
6. Computer software for natural persons, legal persons, and other organizations Copyright. If the copyright belongs to a natural person, after the death of the natural person, the legal heir of the computer software copyright can obtain the copyright in accordance with the Civil Code during the protection period; the natural person can also obtain the copyright through a donation contract.
Legal persons and other organizations due to changes, mergers, and divisions, The legal person or other organization that assumes the rights and obligations of the legal person or other organization shall enjoy its copyright.
The above is the relevant content summarized by the editor of Legal Savior Network , if there is anything you still cannot understand about this article, you can find a lawyer for consultation and guidance through the Legal Savior Network. They can tell you the answer directly.
