How to determine the copyright ownership of online courses
1. The copyright belongs to the author, but the Unit has the right to take priority within the scope of business use. Within two years after the completion of the work, without the consent of the unit, the author shall not permit a third party to use the work in the same manner as the unit uses it. However, during this period, with the consent of the unit, the author may also permit a third party to use the work in the same manner as the unit uses it. The remuneration for using the work shall be distributed between the author and the unit in an agreed proportion.
2. In addition to the author’s right to authorship, Copyright and other rights are enjoyed by the unit, and the unit may reward the author. But the conditions are: ① Engineering designs, product design drawings and descriptions, computer software, maps and other professional works that are mainly created using the material and technical conditions of the unit and for which the unit is responsible; ② The copyright is stipulated in laws, administrative regulations or contracts. Job works enjoyed by the unit. It should be noted that among the above two attribution methods, if the conditions are met, the second one takes precedence over the first one.
3. Copyright is fully enjoyed by a legal person or other organization, and the legal person or other organization can reward natural persons. This is mainly reflected in software development. The Software Protection Regulations stipulate this kind of attribution, that is, the software developed by a natural person during his or her term of office is: ① Software developed for the development goals clearly specified in the job; ② The foreseeable results of engaging in the job activities or the natural consequences.Unexpected results; ③ Software developed mainly using material and technical conditions such as funds, special equipment, undisclosed specialized information, etc. of a legal person or other organization and for which the legal person or other organization is responsible. In the process of making online courses, the producer's investment in content is generally much greater than that of computer programs, and the value of the content far exceeds the value of computer programs. Therefore, in online courses, the computer program that drives the content to run smoothly only plays an auxiliary role and serves the content. If online courses are classified as computer programs, the rights that producers should enjoy in the online course content will be reduced or even excluded. This is obviously unrealistic. Therefore, it is difficult to classify online courses as software works, so the third attribution is The method generally does not apply to online courses.
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