Software copyright is intellectual property. Intellectual property rights are "the collective term for rights generated by law based on creative achievements and industrial and commercial marks." The three most important intellectual property rights are copyright, patent rights and trademark rights. Patent rights and trademark rights are also collectively referred to as industrial property rights. Intellectual property rights are the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects: works; inventions, utility models, and designs; trademarks; geographical indications; trade secrets; integrated circuit layout designs; new plant varieties; and other objects specified by law.
1. For professional works that fall under any of the following circumstances, the author shall enjoy the right of authorship, and other copyright rights shall be enjoyed by legal persons or unincorporated organizations. Legal persons or unincorporated organizations may reward the author:
< p>1. Professional works such as engineering design drawings, product design drawings, maps, schematic diagrams, and computer software that are mainly created using the material and technical conditions of a legal person or an unincorporated organization and for which the legal person or unincorporated organization is responsible;2. Works created by staff of newspapers, periodicals, news agencies, radio stations, and television stations;
3. Copyrights stipulated in laws, administrative regulations, or contracts are enjoyed by legal persons or unincorporated organizations. Job works.
2. Under the following circumstances, a work may be used without the permission of the copyright owner and without payment of remuneration to the copyright owner, but the name of the author and the title of the work shall be specified, and the normal use of the work shall not be affected, nor shall the work be affected. Do not reasonably harm the legitimate rights and interests of the copyright holder:
1. Use others’ published works for personal study, research or appreciation;
2. In order to introduce or comment on a certain Works or to explain a certain issue, appropriately cite the published works of others in the work;
3. In order to report news, it is inevitable to reproduce or quote already published works in newspapers, periodicals, radio stations, television stations and other media. Published works;
4. Newspapers, periodicals, radio stations, TV stations and other media publish or broadcast current affairs on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, TV stations and other media Articles, except those where the copyright owner declares that they are not allowed to be published or broadcast;
5. Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public gatherings, but the author declares that they are not allowed to be published or broadcast Exceptions;
6. For school classroom teaching or scientific research, translate, adapt, assemble, broadcast or copy a small amount of published works for use by teaching or scientific researchers, but shall not be published or distributed;
7. State agencies use published works within a reasonable scope for the purpose of performing official duties;
8. Libraries, archives, memorial halls, museums, art galleries, cultural centers, etc. display or preserve the version To meet the needs of the public, copy the works collected by the museum;
9. Perform published works for free, the performance does not charge fees to the public, nor pay remuneration to the performers, and is not for profit; < /p>
10. Copy, paint, photograph or video art works installed or displayed in public places;
11. Copy the works published by Chinese citizens, legal persons or unincorporated organizations Works created in the country's common spoken and written language are translated into minority languages ??and written works for domestic publication and distribution;
12. Provide published works to people with dyslexia in a barrier-free manner that they can perceive;
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13. Other situations stipulated by laws and administrative regulations.
Legal basis: "Copyright Law of the People's Republic of China" Article 3 The works referred to in this law refer to works that are original in the fields of literature, art and science and can be expressed in a certain form Intellectual achievements include:
(1) Written works;
(2) Oral works;
(3) Music, drama, folk art, dance, acrobatics Art works;
(4) Fine arts and architectural works;
(5) Photographic works;
(6) Audio-visual works;
(7) Engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;
(8) Computer software;
(9) Other works that meet the characteristics of the work Intellectual achievements.