Questions and answers about copyright ownership of commissioned works
I commissioned a friend to help design a computer program because he is a friend There is no specific agreement on the ownership of the copyright of this kind of work. However, when we use it, it is written in the name of our company. However, my friend has objections to this. He feels that the copyright owner should be him, so when using it, he must Write his name. Who should own the copyright of commissioned works?
Answer: Commissioned works refer to the fact that the client pays remuneration to the author, and the author creates the work according to the will and specific requirements of the client. s work.
The copyright of the commissioned work shall be determined by the principal and the entrustee in the commission contract. Article 17 of the "Copyright of the People's Republic of China" stipulates: "The ownership of the copyright of a commissioned work shall be agreed upon by the principal and the entrustee through a contract. If there is no explicit agreement in the contract or no contract is concluded, the copyright belongs to the trustee."
This is because the trustee accepts the commission to create the completed work and is the author of the commissioned work. Based on the legislative purpose of protecting authors and encouraging creation, copyright should be granted to a trustee in the absence of an agreement.
So, according to the above provisions, if you have not signed a contract or agreed on the ownership of the copyright, then it should belong to the trustee, that is, your friend.
The above is the content brought to you by the editor of Legal Savior Network. If you have any other questions, you are welcome to go to the Legal Savior Network for online consultation.
