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Computer software copyright ownership issues


With the decreasing development of the Internet, more and more Mini-Programs, APPs emerges as the times require. A practical computer software will bring unpredictable profits to developer, but the cost of copying computer software is low and it is also easy to ben stolen by others,then investors lose a lot of money. Based on the characteristics of the software, it is sometimes difficult to judge the copyright owner of the software. Therefore, it is necessary for the developers, organizers or investors of the software to correctly judge the copyright ownership of the software and register the copyright.This paper is mainly based on The Copyright Law of the People's Republic of China, and how to judge the copyright owner of computer software.


1.Software copyright belongs to software developers

The software copyright belongs to the software developer, that is, the legal person or other organization that belongs to the actual organization development, carries on the development directly and bears the responsibility for the developed software, or the natural person who completes the software development independently and is responsible for the software by relying on his own conditions.


2.Cooperative development if software

In the case of cooperative development of software, the ownership is determined according to the cooperative development contract.If there is no written contract or no express agreement in the contract, and the software can be divided and used, the developers shall enjoy copyright separately over the parts they have developed; if they cannot be divided, the developers shall enjoy it jointly.


3.Entrustment development software

The ownership of the commissioned software shall be determined in accordance with the entrustment development contract; if there is no written contract or the contract has not been explicitly agreed upon, the copyright shall be enjoyed by the trustee.


4.Software developed by tasks issued by state organs

The ownership and exercise of the software copyright shall be stipulated in the project task letter or contract; if it is not clearly stipulated, it shall be enjoyed by the legal person or other organization accepting the task.


5. Software developed during the tenure

If a software developed by a natural person during his tenure in a legal person or other organization is under any of the following circumstances, the copyright of the software shall be enjoyed by the legal person or other organization:

(1)The software developed according to the development goal clearly specified in the work of this job;

(2)The software developed is the result or natural result foreseen by the activities of his work;

(3)It mainly uses the funds, special equipment, undisclosed special information and other material and technical conditions of the legal person or other organization, and the software developed by the legal person or other organization and responsible by the legal person or other organization.