How to determine the copyright ownership of professional works

In real life, as the needs of the company continue to increase, it is also common to create job creations at work. However, as everyone pays more and more attention to the issue of copyright ownership, how to determine the copyright ownership of job Works has become It has become the focus of everyone's attention. In order to answer your doubts, the editor of Hualu has compiled relevant knowledge, hoping to be helpful to you.

How to determine the copyright ownership of professional works

Citizens are legal persons or other Works created by organizational work tasks are professional works. Except for the following provisions, the copyright is enjoyed by the author:

(1) Mainly using materials of legal persons or other organizations Engineering design drawings, product design drawings, maps, computer software and other professional works created under technical conditions and for which legal persons or other organizations are responsible;

(2) Legal , Administrative regulations stipulate or the contract stipulates that the copyright is enjoyed by legal persons or other organizations.

"Copyright Law"

Article 16 Works created by citizens to complete the work tasks of a legal person or other organization are professional works. Except for the provisions of paragraph 2 of this article, the copyright is enjoyed by the author, but the legal person or other organization Organizations have the right to preferential 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.

For professional works that fall under any of the following circumstances, the author enjoys the right of authorship, and other rights of copyright are enjoyed by legal persons or other organizations. Legal persons or other organizations may reward the author. :

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

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

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