What is a professional work under the 2023 Copyright Law?

Works created by natural persons to complete the work tasks of a legal person or unincorporated organization are professional works. The copyright of the professional works is generally owned by the author, but the legal person or unincorporated organization has the right to priority use within the scope of its business. Regarding the question of what constitutes a work of employment under the Copyright Law, the editor of Legal Savior Network will give you a detailed answer below.

1. What is a professional work under the Copyright Law

1. Natural and man-made works Works created to complete the work tasks of a legal person or unincorporated organization are professional works. The copyright of the professional works is generally owned by the author, but the legal person or unincorporated organization has the right to priority use within its business scope.

2. Legal basis: "Copyright Law of the People's Republic of China"

Article 18 Works created by natural persons to complete the work tasks of a legal person or unincorporated organization are professional works. Except for the provisions of paragraph 2 of this article, the copyright is enjoyed by the author, but the legal person or unincorporated organization has the right to priority use within the scope of its business. Within two years after the work is completed, the author may not allow a third party to use the work in the same way as the work is used by the unit without the consent of the unit.

For professional works that fall under any of the following circumstances, the author enjoys the right of authorship, and other copyright rights are enjoyed by legal persons or unincorporated organizations, and legal persons or unincorporated organizations may grant Author rewards:

(1) Engineering design drawings that are mainly created using the material and technical conditions of a legal person or unincorporated organization, and for which the legal person or unincorporated organization is responsible , product design drawings, maps, schematics, computer software and other professional works;

(2) Creations by staff of newspapers, periodicals, news agencies, radio stations, and television stations Professional works;

(3) Professional works where the copyright is enjoyed by legal persons or unincorporated organizations as stipulated in laws, administrative regulations or contracts.

2. Five situations of copyright legal permission

StatutoryLicense means that in accordance with the provisions of the law, the published work can be used without the consent of the author or other copyright holders, which is a restriction on copyright. When using other people's works under legal permission, remuneration should be paid to the author or other copyright holders in accordance with regulations, and the author's name, work title and source should be indicated.

Legal permission has the following situations:

(1) For the implementation of the nine-year system When compiling and publishing textbooks for compulsory education and national education planning, unless the author declares in advance that no use is allowed, fragments of published works or short literary works, musical works or single works of art may be compiled in the textbook without the permission of the copyright owner. , photographic works, but the remuneration should be paid in accordance with regulations, the name of the author and the title of the work should be specified, and other rights enjoyed by the copyright owner in accordance with the copyright law should not be infringed;

(2 ) after the work is published in newspapers and periodicals, other newspapers and periodicals may reprint it or publish it as abstracts or information unless the copyright owner declares that it is not allowed to be reproduced or excerpted;

(3) Recording Producers who use musical works that have been legally recorded as phonograms by others to make phonograms may do so without the permission of the copyright owner, but they must pay remuneration in accordance with regulations; any use that the copyright owner declares is not allowed shall not be used;

(4) Radio stations and TV stations play the published works of others;

(5) Radio stations and TV stations play the published recordings Products may be produced without the permission of the copyright owner, but remuneration must be paid. Unless otherwise agreed by the parties.

According to the provisions of the Copyright Law, works created by natural persons to complete the work tasks of legal persons or unincorporated organizations are professional works. The copyright of professional works is generally owned by It is owned by the author, but legal persons or unincorporated organizations have the right to preferential use within the scope of their business. 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.