What is the ownership of copyright in professional works?

How does the copyright of Work for work belong? Regarding this issue, the editor of Legal Savior Network has compiled the following information for you. If you want to know about the ownership of copyright of work for work, please follow the editor of Legal Savior. Take a look.

What is the ownership of copyright in professional works

Article 16 of my country’s Copyright Law and Article 14 of the Implementing Regulations of the Copyright Law Article 1 clearly stipulates the ownership of rights in work for service, that is: except in accordance with the provisions of Article 16, paragraph 2, of the Copyright Law, the copyright of work for work is enjoyed by the author, but a legal person or non-legal entity has the right to use it within the scope of its business Priority is given to use within.

The circumstances stipulated in Article 16, Paragraph 2 of the Copyright Law include: creations that mainly utilize the material and technical conditions of legal persons or non-legal entities, and are created by legal persons or non-legal entities For engineering designs, product design drawings and descriptions, computer software, maps and other professional works for which the unit is responsible, the author enjoys the right of signature, and other copyright rights belong to legal persons or unincorporated units; laws, administrative regulations or contracts stipulate that the copyright belongs to legal persons Or for professional works enjoyed by unincorporated entities, the author has the right of signature, and other rights of copyright are enjoyed by legal persons or unincorporated entities. Legal persons or unincorporated entities may reward the author.

How to identify professional works

Service works refer to legal persons such as agencies, groups, enterprises and institutions, or Works created by staff of other organizations to complete the work tasks of their own units. The work tasks refer to the duties that citizens should perform in the legal person or organization. The following aspects should be considered when identifying professional works:

(1) The author of the work is a staff member of a legal person or other organization, that is, the author has a labor relationship with the unit, The author has the right to receive regular labor remuneration from the unit, enjoy the working conditions provided by the unit for staff, and at the same time accept the tasks arranged by the unit within the scope of the labor contract, and accept the necessary supervision and guidance on work from the unit.

(2) Creative works are work tasks proposed by legal persons or other organizations based on the nature of the unit.

(3) The creative work should fall within the scope of the author's responsibilities. The unit assigns the author to complete certain works outside the scope of the author's responsibilities and within the unit's normal business. , unless both parties have a new agreement, it does not belong toStatutory professional works.

(4) The work is basically created according to the author’s own will, not according to the will of the unit. If the work is created according to the will of the unit, it is not a job work but a work of the unit, that is, the unit should be regarded as the author's work.