What are the legal requirements for identifying authors
Citizens can use their own intelligence to create works through creative labor. Become an author, therefore, the citizen who created the work is the author. It should be noted that only the person who creates can become an author. Creation here refers to intellectual labor that directly produces literary, artistic or scientific works. Those who only organize work, provide advice, material conditions, etc. for other people's creations cannot be considered authors because their actions are not creative.
About whether a Legal person or other organization can become an author Question, some people believe that since a work is an act of intellectual creation, and only natural people have wisdom and thinking ability, only natural people can engage in creation, and only natural people can become authors. Legal persons or other organizations themselves have no ideas and cannot produce works. The works they hold are created by natural persons and then transferred to legal persons or other organizations.
According to this provision, legal persons or other organizations can Requirements for being considered an author include:
(1) By legal persons or other organizationsPreside over the creation, rather than spontaneously by the staff of the legal person or organization
(2) Creative ideas and expressions must represent and reflect the will of a legal person or other organization. The will of a legal person or other organization is generally through the leadership body (such as the company's board of directors) and legal representative of the legal person or other organization (such as the head of an administrative agency) who performs his duties in accordance with the law or the charter
(3) The responsibility shall be borne by legal persons or other organizations, not by the person who writes the document. If the program software developed by a company has operational defects, the responsibility for the defects shall be borne by the company, not directly. The designer is responsible. Works that meet the above three requirements are called works of a legal person or other organization. The legal person or other organization is regarded as the author and enjoys copyright. The legal person here refers to an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and assumes civil obligations in accordance with the law; "other organizations" refers to organizations other than legal persons that do not meet the conditions of legal persons.
Article 11 of the "Copyright Law" Copyright belongs to Author, except as otherwise provided in this law.
The citizen who created the work is the author.
Hosted by a legal person or other organization, on behalf of the legal person or For works created at the will of other organizations and for which a legal person or other organization assumes responsibility, the legal person or other organization shall be regarded as the author.
Without proof to the contrary, signature on the work Citizen, legal person or otherOrganization as author.
The above is for citizens as authors and legal persons or other An organization is regarded as the definition of an author. In real life, the author is usually identified by his or her signature. That is, the citizen, legal person or other organization that signs the work is the author. This is a relatively simple method to identify the author. Of course, this is excepted if there is conclusive evidence to prove that the signer of the work is not the author. This burden of proof generally falls on the person claiming copyright.
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