What are the special regulations for the use of professional works?

For works that are led by the Unit, express the will of the unit on behalf of the unit, and bear the corresponding responsibilities alone, the creator is the unit and enjoys comprehensive intellectual property rights over the work. Except for this situation called unit works, those works are created because individuals need to complete the work tasks assigned by the unit and are not mainly dependent on the material and technical conditions of the unit. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. What are the special regulations for the use of professional works

A work that is led by the unit and reflects its will, and for which the unit assumes corresponding responsibilities. The unit is regarded as the author and has full copyright of the work.

However, in addition to the above-mentioned "unit works", those based on citizens performing unit duties Works that meet the needs of the company and do not rely heavily on the material and technical resources of the unit are called "general service works."

The copyright of such works belongs to the author, but the legal person or other organization in it Priority is given to use within the business area.

Within two years after the completion of the work, without the explicit approval of the unit , the author does not have the right to allow any third party or other organization to use the work in the same way as the unit.

Similarly, within two years after the completion of the work, with the consent of the unit, The income obtained from the author's permission to a third party to use the work in the same manner as used by the unit shall be distributed in accordance with the proportion agreed upon by both parties in advance.

The two-year period for completion of the work starts from the date the author submits the work to the unit.

For those products that utilize the material and technical conditions of legal persons or other organizations and are produced by legal persons or other professional works such as engineering design drawings, product design drawings, maps, computer software, etc. for which other organizations are responsible; or those part of the professional works for which the copyright is enjoyed by legal persons or other organizations in accordance with the provisions of laws, administrative regulations, or in accordance with the stipulations of contracts. , the author only enjoys the right of authorship, while other rights of the copyright owner are enjoyed by legal persons or other organizations.

In this case, the legal person or other organization can reward the author appropriately.

Article 12 of the "Copyright Law Implementation Regulations"

Within two years after the completion of the work, with the consent of the unit, the author allows a third party to use the work in the same way as the unit uses it. The remuneration received will be distributed between the author and the unit according to the agreed ratio.

The two-year period for completion of the work is calculated from the date the author delivers the work to the unit .

2. Chongqing’s standards for filing cases of the crime of embezzlement

Chongqing CityThe regulations for filing cases of occupational embezzlement are as follows: staff of a company, enterprise or other unit, by taking advantage of the conveniences of their position, illegally appropriate property that originally belonged to the unit for themselves, and the embezzlement amount reaches RMB 6 If the amount exceeds 10,000 yuan, but does not exceed 400,000 yuan, it should be regarded as a relatively large amount of crime; and "huge amount" is based on one million yuan as the starting point.

In addition, if staff of a company, enterprise or other unit use their position to If someone illegally appropriates the property that originally belonged to the unit due to the convenient conditions they have, and the embezzlement amount reaches a relatively large amount, he will face a criminal penalty of not more than five years in prison or criminal detention; if the embezzlement amount reaches the amount of Those who meet a huge standard will face a prison sentence of more than five years and may also be sentenced to confiscation of personal property.