What are the restrictions on computer software copyright?
Computer software is one of the forms of works , protection obtained according to the software copyright regulations promulgated by the state. In 1991, China promulgated the "Computer Software Protection Regulations", which made specific provisions on the legal protection of copyright for software. Copyright law usually also provides some restrictions on the rights granted to copyright owners to balance the partial interests of copyright owners and the overall interests of society. The main restrictions on software copyright in China are:
( 1) Time limit: The protection period of software developers’ developer identity rights is not limited. The protection period for other rights of software copyright is 25 years, ending on December 31 of the 25th year after the software is first published. Before the expiration of the protection period, the software copyright owner can apply to the software registration authority for an extension of 25 years, but the protection period is the longest No more than 50 years. When the copyright owner is legally changed due to legal actions such as inheritance or unit division or merger, the protection period of the corresponding software copyright will not be changed. When relevant rights are transferred due to the signing of a right-to-use or use-right licensing contract in accordance with the law, the occurrence of the transfer activity does not change the protection period of the relevant software copyright. When the unit that owns the software copyright terminates or the citizen who owns the software copyright dies without a legal successor, except for the developer's identity rights, all other rights related to the software enter the public domain before the expiration of the protection period.
(2) During the protection period, small amounts of software may be copied for non-commercial purposes such as classroom teaching, scientific research, and the performance of official duties by state agencies. No remuneration will be paid to the software copyright holder without his consent.
(3) Software copyright owners shall not harm public interests or violate other laws.
(4) The legal holder of a software copy may, without the consent of the software copyright holder, install the software according to the needs of use. In the computer, make a backup copy, make necessary modifications, etc.
Fair use of software copyright
"Computer Software Protection Regulations" regarding reasonable use The usage regulations include two situations:
The first is that the owner of a legal copy of the software enjoys the right to use the software without the permission of the software copyright owner. The following rights:
①Insert the software into computers and other devices with information processing capabilities according to the needs of use.
② Make a backup copy to prevent the copy from being damaged. These backup copies shall not be provided to others for use by any means, and the owner shall be responsible for destroying the backup copies 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, unless otherwise agreed in the contract, no Modified software may not be provided to any third party without the permission of the copyright holder of the software.
The second type is for learning and researching the design ideas and principles contained in the software, and using the software by installing, displaying, transmitting or storing the software, you can No remuneration will be paid to the software copyright owner without permission.
Based on the above introduction, there are time limits and other aspects of computer software copyright. I believe that after reading the above introduction, everyone has a certain understanding of the legal knowledge of fair use of software copyright. If you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network, and they will provide you with professional answers.