1. What does the "material and technical conditions" in the regulations on professional works refer to
1. In the Copyright Law, the "material and technical conditions" in the provisions of service works refer to the funds, equipment or materials specially provided by the legal person or organization for citizens to complete their creations.
2. Legal basis: "Regulations on the Implementation of the Copyright Law of the People's Republic of China"
Tenth Article 1 The "work tasks" in the provisions of Article 16, Paragraph 1 of the Copyright Law regarding service works refer to the duties that citizens should perform in the legal person or organization.
The "material and technical conditions" in the provisions of Article 16, Paragraph 2 of the Copyright Law on service works refer to the creation completed by the legal person or organization for citizens. Specially provided funds, equipment or materials
2. How to determine job works Copyright ownership
As for the copyright ownership of professional works, the following principles should be followed to determine:
1. Unit works. That is, according to the provisions of Article 3, Article 1 of the Copyright Law, for works hosted by the unit, created on behalf of the unit's will, and for which the unit assumes responsibility, the unit is regarded as the author and exercises full copyright.
2. General job works. In addition to unit works, works created by citizens to complete the unit's work tasks and do not mainly use the unit's material and technical conditions are called general service works. The copyright belongs to the author, but legal persons or other organizations have the right to priority use within the scope of business. Within two years after the work is completed, the author may not allow a third party or other organization to use the work in the same way as the unit without the consent of the unit. Within two years after the work is completed, with the consent of the unit, the work can beThe remuneration obtained by authorizing a third party to use the work in the same manner as used by the unit shall be distributed between the author and the unit in an agreed proportion. The two-year period for completion of the work is calculated from the date the author delivers the work to the unit.
3. Works for special duties. This refers to professional works such as engineering design drawings, product design drawings, maps, computer software, or legal, Administrative regulations stipulate or contract stipulate that the copyright is enjoyed by legal persons or other organizations. Authors of special-service works enjoy the right of authorship, and other rights of the copyright holder are enjoyed by legal persons or other organizations, which may reward the author.
According to the provisions of the "Copyright Law Implementation Regulations", the "material and technical conditions" in the copyright law's provisions on service works refer to the legal person or organization Funds, equipment or materials specially provided for citizens to complete their creations. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
