1. How long is the validity period of the software copyright certificate?
1. 50 years.
2. The protection period for a natural person’s software copyright is the natural person’s lifetime and 50 years after the natural person’s death, ending on December 31 of the 50th year after the natural person’s death; The software was developed collaboratively and ends on December 31st of the 50th year after the death of the last natural person.
3. Legal basis: Article 14 of the "Computer Software Protection Regulations" stipulates that software copyright arises from the date of completion of software development.
The protection period for a natural person’s software copyright is the natural person’s lifetime and 50 years after his or her death, ending on December 31 of the 50th year after the natural person’s death; the software is If jointly developed, it ends on December 31 of the 50th year after the death of the last natural person. The software copyright of a legal person or other organization has a protection period of 50 years, ending on December 31 of the 50th year after the software was first published, but the software If it has not been published within 50 years from the date of completion of development, it will no longer be protected by this regulation.
2. Computer Definition of software copyright ownership
1. Software copyright belongs to the software developer, that is, it belongs to the actual organization and development, direct development, and complete development A legal person or other organization that assumes responsibility for the software; or a natural person who independently completes software development based on his or her own conditions and assumes responsibility for the software.
2. For cooperatively developed software, the ownership of the copyright shall be signed by the co-developers.Enter into a written contract. If there is no written contract or the contract does not clearly stipulate, if the jointly developed software can be divided and used, the developers can independently enjoy the copyright for the parts developed by them; if the jointly developed software cannot be divided and used, the copyright shall be jointly enjoyed by all co-developers.
3. For software developed under the entrustment of others, the ownership of the copyright shall be stipulated in a written contract signed by the entruster and the trustee; there is no written contract or the contract does not clearly stipulate , whose copyright is owned by the trustee.
4. For software developed with tasks assigned by state agencies, the ownership and exercise of copyright shall be stipulated in the project assignment letter or contract; this is not specified in the project assignment letter or contract. As stipulated in the regulations, software copyright shall be enjoyed by the legal person or other organization that accepts the task.
5. If the software developed by a natural person while serving in a legal person or other organization falls into any of the following circumstances, the copyright of the software shall be enjoyed by the legal person or other organization:
(1) Software developed for the development goals clearly specified in the job;
(2) The software developed is the foreseeable or natural result of the work activities;
(3) The funds of legal persons or other organizations are mainly used , special equipment, undisclosed specialized information and other material and technical conditions, and is the responsibility of a legal person or other organization.
We can understand that according to regulations, the validity period of a software certificate is 50 years. The software copyright of a natural person , the protection period is the natural person’s lifetime and 50 years after the natural person’s death, ending on December 31 of the 50th year after the natural person’s death. I hope everyone understands. 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 Saviour.com consults a professional lawyer.
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