Who owns computer copyright?

There will be a lot of software development in life, so if it belongs to a computer, who owns the Copyright of the software? In general, what are the subjects of computer copyright? Below, in order to help everyone better understand the relevant legal knowledge, the editor of the Legal Savior Network has compiled relevant content on this issue. I hope it will be helpful to you.

Who owns the computer copyright?

According to the "Computer Software Protection Ordinance" According to regulations, the ownership of computer software copyrights can be divided into the following categories:

(1) Independent development.

This kind of development is the most common situation. At this time, the software copyright certainly belongs to the software developer, that is, the legal person or other organization that actually organizes the development, directly carries out the development, and is responsible for the developed software; or independently completes the software development according to its own conditions and assumes responsibility for the software. natural person.

(2) Collaborative development.

For software developed jointly by two or more natural persons, legal persons or other organizations, the co-developers generally sign a written contract to stipulate the ownership of the software copyright. If there is no written contract or the contract does not clearly stipulate the ownership of the software copyright, if the jointly developed software can be divided and used, the developers can enjoy separate copyrights for the parts developed by them; however, when exercising the copyright, it shall not be extended to the jointly developed software. Overall copyright. If the jointly developed software cannot be divided and used, its copyright shall be shared by all co-developers and shall be exercised by 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 right of transfer, but all The proceeds should be reasonably distributed to all co-developers.

(3) Commissioned development.

For software developed under the entrustment of others, the entruster and the trustee usually sign a written contract to stipulate the ownership of the copyright of the software; if there is no written contract or the contract is not If expressly agreed, the copyright owner shall enjoy the rights of the trustee.

(4)CountryThe agency assigned a task to develop.

For software developed with tasks assigned by state agencies, the copyright is generally determined by the state agency and the legal person or other organization accepting the task in accordance with the project mission statement or contract provisions. vested and exercised. What needs to be noted here is that when state agencies assign development tasks, the person accepting the task cannot be a natural person, but can only be a legal person or other organization. However, if there is no clear stipulation in the project task statement or contract, the software copyright shall be enjoyed by the legal person or other organization that accepts the task.

(5) Job development.

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 designated in the job; (2) The software developed is a foreseeable or natural result of the activities of the job; (3) The funds of legal persons or other organizations are mainly used. Software developed with special equipment, undisclosed specialized information and other material and technical conditions and for which legal persons or other organizations are responsible. However, the legal person or other organization can reward natural persons who develop software.

(6) Inheritance and transfer.

Software copyright can be inherited. Software copyright belongs to a natural person. After the natural person dies, during the protection period of the software copyright, the heirs of the software copyright law may inherit other software copyright rights except the right of signature, including personal rights and Property rights. If the software copyright belongs to a legal person or other organization, after the legal person or other organization is changed or terminated, the copyright shall be enjoyed by the legal person or other organization that assumes its rights and obligations within the protection period specified in the regulations; if the legal person or other organization does not assume its rights and obligations, , enjoyed by the state.

The above content is the relevant answer. Generally speaking, who owns the computer copyright will be decided according to the specific situation. If it is independently developed, then it should be If a natural person develops independently, if it is a company, then the copyright should belong to the person who accepted the task. If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.