What are the ownership regulations for computer software copyrights developed on commission
The copyright ownership of the computer software commissioned to be developed:
1. Software copyright belongs to the software developer, that is, it belongs to the actual organization to develop and directly carry out A legal person or other organization that develops and assumes responsibility for the developed software; or a natural person who independently completes software development relying on its own conditions and assumes responsibility for the software.
2. The copyright of software developed through cooperation Ownership 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, if the jointly developed software can be divided and used, the developers can independently enjoy the copyright for the parts developed by them; if the jointly developed software cannot be divided and used, the copyright shall be jointly enjoyed by all co-developers.
3. Accept software commissioned by others to develop, other The ownership of the copyright shall be stipulated in a written contract signed between the client and the trustee.; If there is no written contract or no explicit agreement in the contract, the copyright shall be enjoyed by the trustee.
4. For software developed with a task assigned by a state agency, the ownership and exercise of the copyright shall be stipulated in the project assignment letter or contract; if there is no clear provision in the project assignment letter or contract, the software copyright shall be vested in the legal person who accepts the assignment or the contract. Other organizations enjoy.
5. Natural persons hold positions in legal persons or other organizations If the software developed during the period falls under any of the following circumstances, the copyright of the software will be enjoyed by the legal person or other organization:
(1) Software developed for the development goals clearly specified in the job;
(2) The software developed is a foreseeable or natural result of engaging in work activities;
(3) Mainly using funds, special equipment, and undisclosed expertise of legal persons or other organizations Software developed based on material and technical conditions such as information and borne by legal persons or other organizations.
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