How to determine the ownership of computer software copyright
1. Software copyright belongs to the software developer, that is, to the actual organization A legal person or other organization that develops, directly develops, and assumes responsibility for the developed software; or a natural person who independently completes software development relying on his or her own conditions and assumes responsibility for the software.
2. The copyright of software developed through cooperation Ownership shall be stipulated in a written contract 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 software commissioned by others to develop, other 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. Software developed by tasks assigned by state agencies , the ownership and exercise of copyright shall be stipulated in the project assignment letter or contract; if there is no clear provision in the project assignment letter or contract, the software copyright shall be enjoyed by the legal person or other organization that accepts the assignment.
5. The natural person is If the software developed during the tenure of a legal person or other organization falls under any of the following circumstances, the copyright of the software shall be enjoyed by the 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 engaging in the work activities;
(3) Mainly using funds and special funds of legal persons or other organizations Software developed with material and technical conditions such as equipment, undisclosed specialized information, etc. and for which legal persons or other organizations are responsible.
The above is the relevant information summarized by the editor of Legal Savior Network If you still don’t understand the content of this article, you can find a lawyer for consultation and guidance through the Legal Savior Network. They can tell you the answer directly.
