The 2023 Copyright Law stipulates who owns the copyright of professional works

The copyright of work for work is generally owned by the author; but it is mainly created using the material and technical conditions of a Legal person or unincorporated organization; for work for work created by staff of newspapers, periodicals, news agencies, radio stations, and television stations, the author enjoys the right of signature and other copyrights Owned by legal persons or other legal organizations. Regarding the question of who owns the copyright of professional works under the Copyright Law, the editor of Legal Savior Network will answer it in detail for you below.

1. Who owns the copyright of professional works according to the Copyright Law

1. The ownership of the copyright of work for service is as follows:

(1) Works created by natural persons to complete the work tasks of legal persons or unincorporated organizations are work for work, and the copyright is enjoyed by the author. However, legal persons or unincorporated organizations have the right to preferential use within their business scope.

(2) For professional works that fall under any of the following circumstances, the author enjoys the right of signature, and other rights of copyright are enjoyed by legal persons or unincorporated organizations. Organizations may reward authors:

(1) Creations that mainly utilize the material and technical conditions of legal persons or unincorporated organizations, and for which legal persons or unincorporated organizations bear the responsibility Engineering design drawings, product design drawings, maps, schematic diagrams, computer software and other professional works;

(2) Newspapers, periodicals, news agencies, radio stations, and television stations Service works created by staff members;

(3) Service works stipulated in laws and administrative regulations or stipulated in contracts that the copyright is enjoyed by legal persons or unincorporated organizations.

2. Legal basis: "Copyright Law of the People's Republic of China"

Article 18 Works created by natural persons to complete the work tasks of a legal person or unincorporated organization are professional works. Except for the provisions of paragraph 2 of this article, the copyright is enjoyed by the author, but the legal person or unincorporated organization has the right to priority use within the scope of its business. Within two years after the work is completed, the author may not allow a third party to use the work in the same way as the work is used by the unit without the consent of the unit.

For employment works that fall under any of the following circumstances, the author shall be entitled to signatureCopyright, other rights of copyright are enjoyed by legal persons or unincorporated organizations, and legal persons or unincorporated organizations may reward the author:

(1) Mainly using legal persons or unincorporated organizations Engineering design drawings, product design drawings, maps, schematic diagrams, computer software and other professional works created based on the material and technical conditions of a legal person organization and for which the legal person or unincorporated organization is responsible;

(2) Works created by staff of newspapers, periodicals, news agencies, radio stations, and television stations;

(3) Laws and administrative regulations Or the contract stipulates that the copyright is enjoyed by a legal person or an unincorporated organization.

2. How to identify professional works

Service works refer to works created by staff of agencies, groups, enterprises, institutions and other legal persons or other organizations to complete the work tasks of their units. The work tasks refer to the duties that citizens should perform in the legal person or organization. The following aspects should be considered when identifying professional works:

(1) The author of the work is a staff member of a legal person or other organization, that is, the author has a labor relationship with the unit , the author has the right to receive regular labor remuneration from the unit, enjoy the working conditions provided by the unit for staff, and at the same time accept the tasks arranged by the unit within the scope of the labor contract, and accept the necessary supervision and guidance from the unit on work.

(2) The creative work is a work task proposed by a legal person or other organization based on the nature of the unit.

(3) The creative work should fall within the scope of the author's responsibilities. The unit assigns the author to complete certain tasks outside the scope of the author's responsibilities and within the unit's normal business. Works, unless there is a new agreement between the parties, do not belong to statutory service works.

(4) The work is basically created according to the author's own will, not according to the will of the unit. If the work is created according to the will of the unit, it is not a job work but a work of the unit, that is, the unit should be regarded as the author's work.

According to the provisions of the "Copyright Law", the copyright of professional works generally belongs to the author; but it is mainly the use of legal persons orFor creations based on the material and technical conditions of unincorporated organizations; for work created by staff of newspapers, periodicals, news agencies, radio stations, and television stations, the author enjoys the right of signature, and other copyrights belong to legal persons or other legal organizations. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.