1. Ownership of software copyright after change of legal person organization
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 legal person or other organization is changed or terminated, the copyright shall be enjoyed by the legal person or other organization that assumes its rights and obligations within 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.
2. What does computer software copyright include?
(1) Right of publication. That is, the right to decide whether software should be made public.
(2) Developer identity rights. That is the right to identify the developer and the right to put his or her name on the deceptive software. Software copyright owners may or may not indicate their identity as developers; they may or may not sign their names on the software.
(3) Right to use. That is, the right to use its software by copying, displaying, distributing, modifying, translating, annotating, etc. without harming the public interests of society.
(4) Right to use permission and right to receive remuneration. It means the right to allow others to use the software in a certain way and the right to receive compensation for it.
(5) Transfer right. That is, the right of the developer to transfer the right to use and license the computer program.
3. Rights enjoyed by software copyright holders
(1) Right of publication, which determines whether the software is The right to make it public;
(2) Right of signature, which indicates the identity of the developer, the right to sign on the software;
(3) The right to modify, that is, the right to add to, delete from, or change the order of instructions or statements in the software;
(4) Right to copy, that is, the right to make one or more copies of the software;
(5) Distribution Right, that is, the right to provide the original or copy of the software to the public by selling or donating it;
(6) Rental right, that is, the right to license others to temporarily use the software for a fee rights, except where the software is not the main subject of the lease;
(7) Information network dissemination rights, that is, providing software to the public in wired or wireless ways so that the public can The right to obtain the software at a time and place of his or her own choosing;
(8) Translation rights, that is, converting the original software from one natural language into another Rights of natural language text;
(9) Other rights that should be enjoyed by software copyright owners.
3. Conditions for company legal person change
1. Application report;
2. Proof of the company’s authorized agent (power of attorney) and a copy of the principal’s work permit or ID card;
3. Application for change registration signed by the legal representative of the company;
4. In accordance with the change resolution made by the shareholders' meeting or the board of directors in accordance with the "Company Law of the People's Republic of China", involving changes in the articles of association The company's articles of association should be modified accordingly;
(1) Name change: a pre-approval notice and announcement of the company name are required;
(2) Change of business scope: projects that must be submitted for approval according to laws and administrative regulations, approval documents from relevant national departments;
(3) Change of registered capital: issue a capital verification certificate issued by a legally qualified capital verification institution or a "State-owned Assets Property Rights Registration Form" issued by the state-owned assets management department; the reduction of registered capital must be announced three times;
(4) Change of residence: proof of residence, a rental agreement must be submitted for renting a house, and the agreement period must be more than one year (with a copy of the property ownership certificate attached);
(5) Change of legal representative: copy of shareholder meeting resolution or board resolution or letter of appointment (solely state-owned), ID card, temporary residence permit (referring to ID card from other provinces and cities);
(6) Change of shareholders: It is necessary to resubmit the company's articles of association, shareholders' meeting resolution, board of directors resolution, investment agreement or equity transfer agreement, payment voucher, and copy of the new shareholder's license (stamped with the seal of the issuing authority).
5. Approval documents from relevant national departments that are required by laws and regulations;
6. Issued by this bureau A complete set of registration forms and other materials;
7. Submit the original and copy of the "Enterprise Legal Person Business License" and IC card.
The above knowledge is the editor’s answer to this question. After the legal person organization is changed, if the legal person owns the computer software copyright, the computer software copyright generally belongs to the organization that inherits the rights. If readers need to find a lawyer for legal consultation For questions, welcome to the Legal Savior Network for legal consultation.
