The regulations on the ownership of the copyright of work-for-service works are that if the author owns the copyright for the work for-service, the unit can also obtain relevant permissions. For example, the unit can have priority in using the author's work. If the work is created by taking advantage of the relevant conditions of the unit, as well as some product design drawings, the copyright is owned by the unit.
1. What are the regulations on the ownership of copyrights of work-for-hire works? According to the relevant provisions of the Copyright Law, there are two situations for the ownership of copyrights on work-for-hire works: First, the copyright for work-for-hire works is enjoyed by the author. This is a general rule for copyright ownership of professional works. For example, textbooks written by school teachers for teaching, papers written by social science researchers for their unit's research topics, manuscripts written by journalists for this newspaper or magazine, and theater creative staff writing for theater troupes. The copyright of written scripts, music scores and other professional works belongs to the person who completed the work in the absence of special agreement. In this case, the use of the work mainly falls into the following situations: (1) The unit has the right to priority use within its business scope. Within two years after the completion of the work, without the consent of the unit, the author shall not permit a third party to use the work in the same manner as the unit uses it; (2) Within two years after the completion of the work, if the unit does not use it within its business scope, the author may request The unit agrees that a third party may use the work in the same manner as the unit uses it, and the unit shall not refuse without justifiable reasons; (3) Within two years of completion of the work, with the consent of the unit, the author allows the third party to use the work in the same manner as the unit uses it. The remuneration received will be distributed between the author and the unit according to the agreed ratio; (4) Two years after the completion of the work, the unit can continue to use it within its business scope. The two-year period for completion of the work is calculated from the date the author delivers the work to the unit. Second, in the following circumstances, in addition to the right of authorship, other copyrights for work-for-service works are enjoyed by the unit. (1) Professional works such as engineering design drawings, product design drawings, maps, computer software, etc. that are mainly created using the material and technical conditions of the unit and for which the unit is responsible; (2) Professional works whose copyright is owned by the unit according to laws and administrative regulations ; (3) Works for which the author and his employer have agreed in a contract that the copyright shall be enjoyed by the employer. For service works under the above circumstances, the right of signature in the copyright is enjoyed by the author of the completed work, and other rights are enjoyed by the unit.
2. What is the penalty standard for intellectual property infringement? In our country, intellectual property laws mainly refer to the Copyright Law, Trademark Law, and Patent Law. They have different provisions on the calculation of compensation for intellectual property infringement. As follows: If a copyright or copyright-related rights is infringed, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may be compensated according to the infringer's illegal income. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the people's court shall, based on the circumstances of the infringement, award a compensation of less than 500,000 yuan. The amount of compensation for infringement of trademark exclusive rights shall be the benefits gained by the infringer due to the infringement during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period, including the reasonable expenses paid by the infringed party to stop the infringement. If the benefits obtained by the infringer due to the infringement as mentioned in the preceding paragraph, or the losses suffered by the infringed party due to the infringement are difficult to determine, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement. The amount of compensation for patent infringement shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, they may be determined based on the benefits gained by the infringer due to the infringement. If it is difficult to determine the loss of the right holder or the benefit obtained by the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. If it is difficult to determine the loss of the right holder, the benefits gained by the infringer and the patent license fee, the people's court may determine the amount of RMB 10,000 to RMB 1 million based on factors such as the type of patent right, the nature and circumstances of the infringement, etc. compensation. The penalty standard for intellectual property infringement is that if the relevant person infringes the copyright of the work and other related rights, the infringer should compensate based on the actual losses incurred. If the actual loss is difficult to measure, all property obtained by the infringer in violation of the law must be compensated to the right holder.