How to obtain software copyright
1. Original acquisition
The so-called "original acquisition" refers to the situation where the rights are acquired initially, not on the basis of the existing rights of others. The copyright obtained through original acquisition is a complete copyright, including all copyright rights including personality rights and property rights. The original acquisition of copyright mainly includes the following specific circumstances:
(1). A natural person acquires copyright due to creative acts.
(2) Organizations, legal persons and other organizations obtain copyright due to legal provisions. As for organizations such as legal persons, when they host creative activities that reflect their will, they can obtain copyright based on the originality directly stipulated by the law.
(3) Organizations such as natural persons or legal persons obtain copyright due to legal presumption. When there is a dispute as to whether a natural person has performed a creative act, or whether a legal person or other organization meets the conditions stipulated by law to be regarded as an author, there is no sufficient evidence to deny that the natural person or legal person or other organization signed on the work is the author. , the law directly presumes that the natural person or legal person or other organization who signs the work is the author.
2. Successive acquisition
The so-called "successive acquisition" means that the right is acquired by Derivative acquisition of rights based on the existing rights of others. Copyrights acquired through inheritance are partial copyrights, that is, they only involve the property rights in the copyright, unless otherwise expressly provided by law. Successive acquisition of copyright mainly includes the following specific circumstances:
(1) Acquisition by agreement
(2) Obtained by inheritance.
(3) Obtained due to legal provisions.
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