What are the legal characteristics of computer software copyright
1. Legality of rights content
Legality can be divided into narrow and broad senses. "Rights" as a legal concept are all stipulated by the laws of the country. There are no rights outside of legal provisions, such as there are no so-called "natural" rights. In this sense, all legal rights are statutory, which is the broad meaning of "legality". When it comes to the specific content of a certain right, there are two situations: one is that the specific content of the right is directly stipulated by the law, and the parties have no choice. Once a certain legal event occurs, this kind of dispute will inevitably arise between the parties. rights and obligations relationship. In this case, we say that the content of the right is statutory, which is the narrow meaning of "legality"; in another case, the law stipulates a certain scope of the content of the right. As for the specific scope of the rights between the specific parties, The rights and obligations of the parties are allowed to be set and agreed upon by themselves. As long as this setting or agreement is within the scope of the law, the law will confirm its validity and protect it. Beyond the scope of legal provisions, the setting or agreement between the parties will not have legal effect. The claims agreed in the contract fall into the latter case.
Software copyright has legal status in a narrow sense. Because the rights of software copyrights are directly stipulated by the law, anything that is not clearly stipulated in the law shall beLaws cannot become part of software copyright. For example, functional use is not the exclusive right of the software copyright owner. In software trade, both parties often agree in the contract to restrict the scope of the recipient's functional use of the software (such as limiting the type of machine on which the recipient can run the program, the scope of users, etc.). At this time, what the supplier wants to do is What is obtained is a contractual claim, not a software copyright. If the recipient operates beyond the scope, it will only constitute a breach of contract and not an infringement.
2. Rights The production does not require individual confirmation
in a legal sense Individual confirmation means that a special confirmation agency clearly affirms or denies a specific legal relationship or legal fact in accordance with legal procedures, thereby producing certain legal consequences. For example, the patent office's confirmation of a patent application and the contract management agency's confirmation of an invalid contract are both legal individual confirmations.
The generation of intellectual property rights is generally based on individual confirmation. Requirements. Which intellectual property rights are protected by a country's laws not only reflects the country's national policies, but also reflects the country's technological and cultural development level. Where the intellectual property law clearly stipulates the protection of a certain type of scientific, technological and cultural achievements, this is a general confirmation of this type of intellectual property. On the premise of obtaining general confirmation, if the creator of a specific scientific, technological and cultural achievement with specific content wants to truly obtain this right, he must go through the process of individual confirmation. Without such individual confirmation, even if the intellectual product has met all the substantive requirements for obtaining intellectual property rights, it does not mean that the right has been obtained.
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