What are the contents of the litigation guide for computer software copyright infringement cases
1. What is the object of computer software copyright
A computer program refers to a program designed to obtain a certain result. A sequence of coded instructions that can be executed by a device with information processing capabilities such as a computer, or a sequence of symbolic instructions or a sequence of symbolic statements that can be automatically converted into a sequence of coded instructions. The source program and object program of the same computer program are the same work.
Document refers to the content used to describe the program, Textual information and diagrams on composition, design, functional specifications, development status, test results, usage methods, etc., such as programming instructions, flow charts, user manuals, etc.
2. What is the scope of protection of computer software copyright
The protection of software copyright does not extend to developmentThe ideas, processing procedures, operating methods or mathematical concepts used in the software.
The copyright law's protection of works does not protect the themes, ideas, emotions, and scientific principles embodied in the works, but the author's expression or performance of these themes, ideas, emotions, or scientific principles. Secondly, the expression or performance protected by the Copyright Law does not only refer to the final form such as text and graphics. When the content of the work becomes the expression of the author's thoughts and themes, the content of the work is also protected by the Copyright Law; when this expression is publicly known, If it is the only form, it is not protected by copyright law.
3. The legal significance of computer software copyright registration is What
Computer software can be copyrighted voluntarily by the rights holder Register.
Software copyright holders may submit a request to the Copyright Administration Department of the State Council The recognized software registration agency handles copyright registration. The registration certification document issued by the software registration agency is the preliminary proof of computer software copyright.
4. Ownership of rights to cooperatively developed computer software and what are the exercise rules
By two or more For software jointly developed by natural persons, legal persons or other organizations, the ownership of the copyright shall be stipulated in a written contract signed by the co-developers. If there is no written contract or the contract does not clearly stipulate, the jointly developed software can be dividedIf used, developers can enjoy separate copyrights for the parts they develop; however, when exercising copyright, the copyright shall not be extended to the entire copyright of the jointly developed software. If jointly developed software cannot be divided and used, its copyright shall be shared by all co-developers and shall be exercised by consensus; if consensus cannot be reached and there is no legitimate reason, no party shall prevent the other party from exercising other rights except the right of transfer, but the proceeds shall Proceeds should be reasonably distributed to all co-developers.
5. Recognition standards for computer software professional works and What is the ownership of rights
Natural persons in legal persons or other organizations If the software developed during the period of employment falls under any of the following circumstances, the copyright of the software shall be enjoyed by the legal person or other organization, and the legal person or other organization may reward the natural person who developed the software:
(1) Software developed for the development goals clearly specified in the job;
(2) The software developed is foreseeable in the activities of the job Result or natural result;
(3) Main Software developed using the funds, special equipment, undisclosed specialized information and other material and technical resources of a legal person or other organization and for which the legal person or other organization is responsible.
6. Owner of legal copies of computer software What rights do you have
The owner of a legal copy of the software has the following rights:
(1) Install the software into computers and other devices with information processing capabilities according to the needs of use;
(2) Make backup copies to prevent damage to the copies. These backups The copy shall not be provided to others for use by any means, and the owner shall be responsible for destroying the backup copy when the owner loses ownership of the legal copy;
(3) Make necessary modifications in order to use the software in actual computer application environments or improve its functions and performance; however, except Unless otherwise agreed in the contract, the modified software shall not be provided to any third party without the permission of the copyright owner of the software.
7. What are the circumstances under which computer software can be used reasonably?
In order to learn and research the design ideas and principles contained in the software, you may use the software by installing, displaying, transmitting or storing the software without the permission of the software copyright owner , no compensation will be paid to them.
8. Infringement What is the situation of personal rights in computer software copyright?
(1) Publish or register the software without the permission of the software copyright owner;
(2) Publishing or registering other people’s software as one’s own software;
(3) Publish or register software developed in cooperation with others as software completed independently without the permission of the collaborator ;
(4) Signing someone else’s software or Changing the signature on other people’s software;
(五) Modify the software without the permission of the software copyright owner;
(6) Other infringement of software copyright.
I believe that after reading the above introduction, everyone has a certain legal understanding of how to solve the responsibilities that need to be paid attention to. If you still have legal questions about this aspect, please consult the lawyers of the Legal Savior Network, and they will help you Provide professional answers.
