Who owns the computer software copyright
Software copyright ownership—original acquisition: generally who develops the copyright, that is, ownership Software developers (including individuals or legal entities and unincorporated organizations).
Software copyright ownership - acquired by inheritance: that is, in accordance with the law Obtain software copyright through assignment, inheritance, acceptance, etc.
Software copyright belongs to the software developer.
Software developers refer to those who actually organize development and direct A legal person or other organization that develops and assumes responsibility for the developed software; or a natural person who independently completes software development relying on its own conditions and assumes responsibility for the software. If there is no proof to the contrary, the natural person, legal person or other organization who signs the software is the developer.
For software developed jointly by two or more natural persons, legal persons or other organizations, the copyright of the software belongs to the joint venture.The developer shall sign a written agreement or contract. If there is no written contract or agreement or the contract does not clearly stipulate that the jointly developed software can be divided and used, the developers can independently enjoy the software copyright for the parts developed by them.
If the software developed jointly cannot be divided and used, its copyright It is jointly enjoyed by all co-developers and can be exercised through consensus; if consensus cannot be reached and there is no legitimate reason, no party shall prevent the other party from exercising other rights except the transfer right, but the proceeds shall be reasonably distributed to all co-developers. Accept For software entrusted by others to develop, the ownership of the copyright shall be stipulated in a written contract signed by the entruster and the trustee; if there is no written contract or the contract does not clearly stipulate, the copyright shall be enjoyed by the trustee.
Software developed under tasks assigned by state agencies, copyright Attribution and exercise are stipulated in the project assignment letter or contract;
If there is no clear provision in the project assignment letter or contract, the software copyright shall be enjoyed by the legal person or other organization that accepts the assignment.
Developed by a natural person while serving in a legal person or other organization If the software falls under any of the following circumstances, the copyright of the software is enjoyed by the legal person or other organization, and the legal person or other organization may reward the natural person who developed the software:
(1) Software developed for the development goals clearly specified in the job;
(2) The software developed is foreseen for the activities of the jobThe result or the natural result;
(3) Mainly Software developed using the funds, special equipment, undisclosed specialized information and other material and technical resources of a legal person or other organization and for which the legal person or other organization is responsible.
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