1. Who owns the copyright of units and employees?
On the issue of who owns the copyright of job works, it should be distinguished according to the specific situation. Homework is divided into general homework and special homework.
1. The copyright of works in general posts belongs to employees, and the unit enjoys "the priority to use the works within the scope of business", "the consent of the third party to use the works in the same way" and "the right to share the remuneration" within two years after the completion of the works;
2. For works with special responsibilities, employees have the right of signature, and other rights of copyright belong to the unit.
Special work mainly includes two situations:
One is engineering design drawings, product design drawings, maps, computer software and other job works. , mainly created by using the material and technical conditions of legal persons or other organizations, and the legal persons or other organizations are responsible for it;
Second, job works whose copyright is enjoyed by legal persons or other organizations as stipulated by laws, administrative regulations or contracts.
Article 16 of the Copyright Law clearly stipulates: "A job work is a work created by a citizen to complete the tasks of a legal person or other organization."
Second, this job will work.
Generally speaking, work should meet the following conditions:
1. Job works emphasize the existence of labor relations between creators and units. Regular employees, labor dispatchers and interns all belong to employees who have entered into labor relations with the unit.
2. Employees create works in order to complete the job responsibilities and tasks assigned by the unit. Article 11 of the Regulations for the Implementation of the Copyright Law explains "work tasks" as "duties that citizens should perform in legal persons or organizations".
3. The creative content of job works should be consistent with the nature of the work of the unit, and the works unrelated to the job done by employees after work are not job works.
4. The creation of work works reflects the individual creative will of employees.
Third, the copyright statement.
First, all documents that need to be stamped must be stamped with official seals. If the copyright owner is jointly owned by more than one person, the application shall be sealed at the same time and a contract signed by multiple parties shall be submitted.
Second, at the same time, the application should describe the function and technical characteristics of copyright in detail. It takes 3 1-35 working days to review the copyright after it is accepted in the first instance, and the results will be announced in about 45-50 days.
Article 13 of China's Copyright Law stipulates that the copyright of a work created jointly by two or more persons shall be shared by the co-authors. People who don't participate in the creation can't be co-authors. Where a cooperative work can be used alone, the authors may enjoy the copyright of their respective parts, but the exercise of copyright shall not infringe upon the copyright of the cooperative work as a whole.
The above is about who the copyright of the unit and employees belongs to. Generally speaking, the copyright belongs to the employee himself, but it belongs to the unit during this period.