How to determine the ownership of computer software copyright
In accordance with the "Computer Software Protection Regulations" According to relevant regulations, the ownership of computer software copyright can be divided into the following categories:
(1) Independent development.
This kind of development is the most common situation. At this time, the software copyright certainly belongs to the software developer, that is, the legal person or other organization that actually organizes the development, directly carries out the development, and is responsible for the developed software; or independently completes the software development according to its own conditions and assumes responsibility for the software. natural person.
(2) Collaborative development.
For software developed jointly by two or more natural persons, legal persons or other organizations, the co-developers generally sign a written contract to stipulate the ownership of the software copyright. If there is no written contract or the contract does not clearly stipulate the ownership of the software copyright, if the jointly developed software can be divided and used, the developers can enjoy separate copyrights for the parts they developed respectively; however, when exercising the copyright, it shall not be extended to the jointly developed software. Overall copyright. If the jointly developed software cannot be divided and used, its copyright shall be shared by all co-developers and shall be exercised by consensus; if consensus cannot be reached and there is no legitimate reason, no party shall prevent the other party from exercising other rights except the right of transfer, but all The proceeds should be reasonably distributed to all co-developers.
(3) Commissioned development.
For software developed under the entrustment of others, the entruster and the trustee usually sign a written contract to stipulate the ownership of the copyright of the software; if there is no written contract or the contract is not clear If agreed, the copyright owner shall enjoy the rights of the trustee.
(4) National agencies assign development tasks.
Software developed by tasks assigned by state agencies is generally developed by the state agency and the legal person or other organization that accepts the task according to the project.Determining the ownership and exercise of the copyright according to the project assignment or contract provisions. What needs to be noted here is that when state agencies assign development tasks, the person accepting the task cannot be a natural person, but can only be a legal person or other organization. However, if there is no clear stipulation in the project task statement or contract, the software copyright shall be enjoyed by the legal person or other organization that accepts the task.
(5) Job development.
If the software developed by a natural person while serving in a legal person or other organization falls into 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 designated in the job; (2) The software developed is the foreseeable or natural result of the activities of the job; (3) The funds, funds, and funds of legal persons or other organizations are mainly used. Software developed with special equipment, undisclosed specialized information and other material and technical conditions and for which legal persons or other organizations are responsible. However, the legal person or other organization can reward natural persons who develop software.
(6) Inheritance and transfer.
Software copyright can be inherited. Software copyright belongs to a natural person. After the natural person dies, during the protection period of the software copyright, the heirs of the software copyright law may inherit other software copyright rights except the right of signature, including personal rights and Property rights. If the software copyright belongs to a legal person or other organization, after the change or termination of the legal person or other organization, the copyright shall be enjoyed by the legal person or other organization that assumes its rights and obligations during the protection period specified in the regulations; if the legal person or other organization does not assume its rights and obligations, , enjoyed by the state.
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