What are the principles of copyright ownership of commissioned works of software?

Every piece of software has its own Copyright, and the author can apply for it in accordance with the law. However, many people register work software through entrustment. So at this time, what principles should be used to judge the ownership of copyright? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you. help.

What are the principles of ownership of software copyright for commissioned works

my country's copyright law protects From the perspective of the author's rights, the copyright ownership of commissioned works is stipulated.

1. The trustee and the client can agree on the ownership of the copyright on their own. On the one hand, this is to respect the wishes of the author, who is also the trustee, and on the other hand, it is to facilitate the client to use the work effectively. However, both parties are free to agree that their ownership is limited to the property rights of the copyright and does not include the personal rights of the copyright. Moral rights belong only to the trustee.

2. In the absence of special agreement between the parties, the law stipulates that the copyright belongs to the trustee. This is because the trustee accepts the commission to create the completed work and is the author of the commissioned work. Based on the legislative purpose of protecting authors and encouraging creation, copyright should be granted to a trustee in the absence of an agreement. Of course, while the trustee enjoys copyright, he is also subject to the following restrictions:

(1) The trustee shall provide the entrusted work to the client for use in accordance with the agreement. The client has the right to use it within the agreed scope. If there is no agreed scope of use, the client can use it free of charge within the specific purpose of the commissioned creation. In reality, in order to monopolize customers' future photo printing business, some art photography companies refuse to perform the above obligations and withhold the negatives of the photos on the pretext that they have copyrights on the customers' art photos. For this kind of behavior, customers can be held responsible for breach of contract.

(2) The trustee shall abide by the principle of good faith when exercising copyright and shall not hinder the client's legitimate use. For example, after the trustee accepts the entrustment to design a trademark logo, regardless of whether the client registers the trademark, he may no longer prevent the client from using the logo on his goods and services on the grounds of infringement of the right of publication, nor may he permit the client's competitors to use the logo. the logo.

Related knowledge: How to determine who owns the software copyright

1. Cooperative development of software.

Cooperative development of software refers to software developed by two or more natural persons, legal persons or other organizations. The ownership of the copyright of jointly developed software shall be stipulated in a written contract signed by the co-developers. If no contract is signed or the contract is not clearly stipulated, the jointly developed software can be divided and used, and the developers can independently enjoy the copyright to the parts developed by each other. Cooperative development If the software cannot be divided and used, it shall be shared by all co-developers and shall be exercised through consensus.

2. Commissioned development of software.

Entrusted development of software refers to software developed under the entrustment of others. The ownership of the copyright of entrusted development software shall be stipulated in a written contract signed by the client and the trustee; if there is no written contract or the contract does not clearly stipulate , the copyright belongs to the trustee.

3. State agencies assign tasks to develop software.

For software developed by a task assigned by a state agency, the ownership and exercise of the copyright shall be stipulated in the project assignment letter or contract; if the project assignment letter or contract does not clearly stipulate it, the software copyright shall be enjoyed by the legal person or other organization that accepts the task.

4. Job development software.

The software developed by a natural person while serving in a legal person or other organization includes the following In one of the circumstances, the software copyright is enjoyed by the legal person or other organization, and the legal person or other organization can reward the natural person who develops the software:

(1) Software developed for the development goals clearly specified in the job;

(2) The software developed is the foreseeable or natural result of the activities of the job ;

(3) Mainly developed using the funds, special equipment, undisclosed specialized information and other material and technical conditions of legal persons or other organizations and with the participation of legal persons or other organizations Software for which the organization takes responsibility.

After reading this article, everyone will understand that the ownership of copyright is very important for authors, and we must be clear about the regulations in this regard . This article introduces these aspects, and it is recommended to seek help from a professional copyright dispute lawyer in a timely manner. In this regard, if you have other related questions, welcome to consult the professional lawyers of Legal Savior Network.