A series of questions about software copyright

One, no. 2. (1) The application form for software copyright registration to be filled in as required;

2) Identification materials for software copyright registration;

The identification materials for software copyright registration include the identification materials for programs and documents.

The identification materials for the program and the document shall consist of 30 consecutive pages before and after the source program and any kind of document. If the entire procedure and documentation for the application for software copyright registration are less than 60 pages, the entire source program and documentation shall be submitted. Except in specific cases, there shall be no less than 50 lines per page for the program and no less than 30 lines per page for the document.

3) Relevant supporting documents.

1.The identity certificate of the natural person, legal person or other organization that is the applicant for software copyright registration;

2.If the software to be registered for software copyright has a written contract or project task book for copyright ownership, the contract or project task book shall be submitted;

3.With the permission of the original software copyright owner, the license certificate of the original copyright owner shall be submitted for software copyright registration for software developed on the original software;

4.If the applicant for software copyright registration is the successor, transferee or successor of the right, the applicant shall submit the certificate of the inheritance, transfer or inheritance of the right.

These can be searched on the Internet, so why do you need to know it.

1) Cooperative development of software In actual work, due to the characteristics of software development requiring huge investment, a software often needs to be developed by multiple natural persons, legal persons or other organizations, and it can be said that cooperation is often the crystallization of each developer's creative intellectual labor. China's "Software Regulations" clearly point out that unless otherwise agreed, the software copyright of software developed by two or more natural persons, legal persons or other organizations shall be jointly enjoyed by all cooperative developers. There are some software copyright issues in the specific implementation:

If, in the process of co-developing software, a written agreement on the ownership of software copyright is signed between the co-developers, the ownership of the software copyright shall be determined in accordance with the provisions of the written agreement.

If there is no written contract on the ownership of software copyright between the partners or the contract agreement is not clear, the ownership of the copyright shall be determined in accordance with the provisions of the law, as follows:

If the jointly developed software can be used separately, the developer can separately enjoy the copyright of the part developed by each other. However, it is worth noting that each developer's exercise of his or her own copyright shall not extend to the copyright of the software developed by the developer as a whole. The exercise of the copyright of the software as a whole must be approved by each co-developer.

If the cooperatively developed software cannot be used separately, its copyright shall be jointly enjoyed by all cooperative developers and exercised through the consensus of all developers; If there is no consensus and there is no justifiable reason, neither party shall prevent the other party from exercising other rights other than the right of transfer, but the proceeds shall be reasonably distributed to all co-developers.

2) Software that is entrusted to be developed by natural persons, legal persons or other organizations that accept the entrustment of others to develop software is software that is entrusted to develop. According to the provisions of the Software Regulations, the ownership of software copyrights developed by others can be confirmed in the following ways:

If a written contract for commissioned development has been signed between the client and the entrustee, and there is a clear agreement on the ownership of the copyright of the entrusted development software, the ownership of the entrusted development software copyright shall be confirmed in accordance with the agreement between the two parties.

If there is no written contract for entrusted development between the client and the trustee, or although a written contract for entrusted development has been signed, but the agreement on the ownership of the copyright of the entrusted development software is not clear in the contract, then according to the provisions of the law, the copyright of the entrusted development software belongs to the entrusted party, but the principal can enjoy the right to use the software.

3) Software developed by the taskThe software developed by the task refers to the software developed for the completion of the task issued by the state organ, and the determination of the ownership of its copyright is similar to the method of confirming the ownership of the copyright of the software entrusted to be developed, that is, the ownership of the copyright is determined according to whether there are clear provisions in the contract or project task book, if the ownership of the copyright is not specified in the project task book issued by the state organ or the contract signed by the two parties, or the provisions are not clear. The copyright shall be owned by the legal person or other organization that accepts the assignment.

Methods of determining software copyright:

1. The right holder is generally determined to be the software developer. Including counting citizens, legal persons or other organizations;

2. The term of the right is generally 50 years from the date of completion of software development;

3. Other ways to determine software copyright.

[Legal basis].Article 5 of the Regulations on the Protection of Computer Software.

Chinese citizens, legal persons or other organizations enjoy the copyright of the software developed by their Luzhen, regardless of whether they are published or not, in accordance with these Regulations. Accompany Bi Coarse.

Article 14. Software copyright is generated from the date of completion of software development.

The term of protection of the software copyright of a natural person is the life of the natural person and 50 years after his death, ending on December 31 of the 50th year after the death of the natural person; The software was developed collaboratively as of December 31 of the 50th year after the death of the last deceased natural person.

The term of protection of the software copyright of a legal person or other organization is 50 years, ending on December 31 of the 50th year after the software is first published, but if the software is not published within 50 years from the date of completion of development, these Regulations shall no longer protect it.

1.Since copyright protects the form of expression, the software required to be registered should consist of a computer program (source program or target program) and related documentation. The source program is made up of a programming language, such as:

Basic language, Fortran language, C language, assembly language and database management finger key program written by the ** instruction sequence; The target program is a binary consisting of the numbers "0" and "1"; The instruction sequence of the number "0 to 9" in octal ** and the letter "a to f" in hexadecimal** composed of the numbers "0 to 7"; Documentation is a text description related to software development, use and maintenance, such as: software requirements specification, design specification, user manual, maintenance manual, etc. It is not the ideas, concepts, discoveries, algorithms, processes and methods of operation used in the development of the registered software, as these are not protected by the Copyright Act (Regulations on the Protection of Computer Software).

2.Registered software is software that has been independently developed by the developer and has been fixed on some kind of tangible carrier. Namely:

The software should be the software that has been fixed in the form of expression and is on a storage medium (e.g., printer paper, floppy disk, hard disk, eprom or ROM, etc.). 3.

The software that is required to be registered should have been published. The so-called publication refers to the distribution of software to the public by the owner of the software by means including the use of ** or other means of providing parts, or the public display of the software for the purpose of further distribution of copies.

The mere use of the software within the organization is not publication, and the software that has passed the appraisal or the introduction of the software solely for the purpose of academic lectures, such as seminars on scientific and technological achievements, is not publication. 4.The software required to be registered shall be an independently developed software, i.e

An application for registration of a software copyright shall be limited to an independently published and independently capable software comic piece Liangqiao. For example, software that can be used independently on a certain software and hardware platform and can achieve certain functions and performance.

Legal Analysis: Software Copyright Application Conditions:

1.In view of the fact that copyright protects the form of expression, it is required that the software that is applied for registration should be made by a computer program (source 2.).program or target program) and the documentation related to it.

3.Registered software is software that has been independently developed by the developer and has been fixed on some kind of open carrier.

4.The software that is required to be registered should have been published.

5.The software required to be registered shall be an independently developed software.

Legal basis: Regulations on the Protection of Computer Software Article 8 Software copyright owners enjoy the following rights:

1) The right of publication, i.e., the right to decide whether the software is made public;

2) The right of authorship, that is, the right to indicate the identity of the developer and sign on the software;

3) The right to modify, that is, the right to supplement or delete the software, or change the order of instructions and statements;

4) the right of reproduction, i.e. the right to make one or more copies of the software;

5) The right of distribution, that is, the right to provide the original or copy of the software to the public in the form of ** or gift;

6) The right to rent, that is, the right to license others to temporarily use the software for a fee, except where the software is not the main subject of the lease;

7) The right to disseminate information on the network, that is, the right to provide software to the public by wired or wireless means, so that the public can obtain the software at a time and place of their own choosing;

8) The right of translation, i.e., the right to convert the original software from one natural language to another;

9) Other rights that shall be enjoyed by the software copyright owner.

Software copyright owners may license others to exercise their software copyrights and are entitled to remuneration.

The software copyright owner may transfer its software copyright in whole or in part, and is entitled to remuneration.

Hello dear! We're happy to answer for you! Software copyright refers to the copyright protection of computer software.

To apply for software copyright, you need to submit application materials to the National Copyright Administration, and only after review can you obtain the software copyright certificate. The application materials include: application form, software source**, function specification, user manual and other related materials.

Note that if you use a third-party ** or library during development, you need to indicate the source and comply with the relevant license agreement. Failure to do so may infringe the intellectual property rights of others. [Legal basis].

According to the Copyright Law of the People's Republic of China, computer software can be protected by copyright as a kind of literary and interfering work. Therefore, if you develop a piece of computer software, you can apply for software copyright to protect your intellectual property.