System software and application software in computer software can be protected by laws and regulations of China. The necessary and basic condition of software protection is that it must be independently developed by the developer and fixed on some tangible object such as tape, hard disk and adhesive tape. China's copyright laws and regulations protect the expression of ideas in works, not the ideas themselves, so the protection of software copyright by laws and regulations cannot extend to the concepts, ideas, principles, discoveries, algorithms, processing processes and operating methods used in developing software.
Software copyright owners enjoy the following rights:
First, the right of publication: the right to make a work public;
Second, the right of signature: the author's identity tag, the right to sign the work;
Third, the right to modify: the right to modify the work and authorize others to modify it;
4. Reproduction right: the right to reproduce one or more copies of a work by means of sound recording, reproduction or video recording.
Fifth, the right of distribution: the right to provide originals or copies of other people's works by way of sale or gift;
6. Rental right: the right to rent a film work or a work created in a way similar to film production and computer software to others for temporary use, except that the computer software is not the secondary object of rental;
Seventh, the right to broadcast: the right to transmit or transmit works underground in a wireless way, to broadcast works to the outside world in a wired way, and to broadcast works to the outside world through loudspeakers or other similar tools for transmitting symbols and images;
Eighth, the right of translation refers to the right to convert the original software from the original language to another language;
The owner of software copyright can authorize others to use the software and get corresponding remuneration.
The software copyright owner can transfer part of the software copyright and get the corresponding remuneration.
The above rights shall be enjoyed by the software copyright owner from the date of completion of software development.
The protection period of natural person's copyright can last until his death, or 50 years after his death, until the last day of the 50th year after his death; The copyright protection period of a legal person or other organization is 50 years, from the date of the first announcement of the software to the last day of the 50th year. The owner of genuine software refers to the person who obtains genuine software through legal channels. Obtain software and enjoy the following rights according to law:
First, according to the needs of software application, software can be loaded into computers and other equipment with information processing capabilities;
Second, in order to avoid machine failure, you have the right to make copies of the software, but these copies are only for your own use and may not be provided to others or used for other purposes;
Third, in order to improve the application environment and enhance the functions of the computer that uses the software for practice, it has the right to make necessary modifications, but this modified software can only be used by itself and cannot be provided to others.
In recent years, in order to promote the healthy and rapid development of China's software industry, enhance the innovation ability and competitiveness of Chinese enterprises and individuals in the information industry, and further enhance the comprehensive innovation ability of the country, the relevant copyright administrative departments of the state encourage and welcome companies or individuals in the society to register new software products, and give priority protection to the registered and approved software products. This major move is a great benefit to the information industry, which indicates that China's industrial development will become more and more healthy and standardized.
Compared with other countries, China's information industry is relatively backward, and the same laws and regulations will be relatively immature. However, by learning from foreign experience, China has caught up with and gradually implemented the software copyright registration system.
1. After the software copyright application is registered, it will help the owner to publicize the product to the public.
2. In the event of a software copyright dispute, the software copyright registration certificate is a powerful evidence to prove the ownership of software copyright, and at the same time, a lawsuit can be filed with the local people's court for judicial protection.
3. In the daily commercialization of software copyright, the software copyright registration certificate, as a powerful proof of rights, is conducive to the smooth completion of the transaction and avoids unnecessary disputes. At the same time, the value of software works certified by relevant national authorities can also be improved to a certain extent.
4. With the software copyright registration certificate, you can also have the right to sell and operate related software products in China, of course, in the case of legal compliance.
5. Applicants can also enjoy relevant incentive policies stipulated by the software industry policy.