How to determine the ownership of works created within the scope of duties

Service works refer to works created by citizens to complete the work tasks of Legal persons or other organizations. So, how to determine the ownership of works created within the scope of duties? The editor of Legal Savior Network has compiled the following content, hoping it will be helpful to you.

How to determine the ownership of works created within the scope of duties

1 , The copyright of the work for employment is enjoyed by the unit, and the author enjoys the right of signature

For the work for employment that falls under any of the following circumstances, the author enjoys the right of signature and the copyright Other rights are enjoyed by legal persons or unincorporated units, and legal persons or unincorporated units may reward the author:

(1) Mainly using the materials of legal persons or unincorporated units Engineering designs, product design drawings and descriptions, computer software, maps and other professional works created under technical conditions and for which legal persons or non-legal entities are responsible;

( 2) Works for which the copyright is owned by legal persons or non-legal entities as stipulated in laws, administrative regulations or contracts.

Two , The copyright is enjoyed by the author, and the unit has the priority to use the work

Except for the above circumstances, the copyright of the work for employment belongs to a legal person or non-profit organization Except for those owned by legal entities, the copyright of general service works still belongs to the author, but legal entities or non-legal entities have the right to priority use within their business scope.

Article 16 of the "Copyright Law" works created by citizens to complete the work tasks of legal persons or other organizations are service works, except for this article Except for the provisions of Paragraph 2, the copyright belongs to 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.

A job with one of the following circumstancesFor works, the author enjoys the right of signature, and other rights of copyright are enjoyed by legal persons or other organizations. Legal persons or other organizations can reward the author:

(1) Engineering design drawings, product design drawings, maps, computer software and other professional works 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 is responsible;

(2) Works for which the copyright is enjoyed by legal persons or other organizations as stipulated in laws, administrative regulations or contracts.

The above knowledge is the editor's answer to the question "How to determine the ownership of works created within the scope of duties". If you need more For legal help, welcome to the Legal Savior Network for legal consultation.