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According to Article 3 of the Copyright Law, the software enjoys copyright.
1) Written works;
2) oral works;
3) Drama, opera, dance, and acrobatic artworks;
4) Works of fine arts and architecture;
5) Photographic works;
6) Cinematographic works and works created by methods similar to those used to make films;
7) Engineering design drawings, product design drawings, maps, schematic drawings and other graphic works and model works;
8) computer software;
9) Other works provided for by laws and administrative regulations. Three of a kind.
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Copyright! China's "Copyright Law" promulgated on September 7, 1990 included computer software in the scope of protection of the law, so when your work (software) is completed, you will enjoy copyright.
Article 3 of the Copyright Law The term "works" as used in this Law includes works of literature, art, natural sciences, social sciences, engineering and technology created in the following forms:
1) Written works;
2) oral works;
3) Drama, opera, dance, and acrobatic artworks;
4) Works of fine arts and architecture;
5) Photographic works;
6) Cinematographic works and works created by methods similar to those used to make films;
7) Engineering design drawings, product design drawings, maps, schematic drawings and other graphic works and model works;
8) computer software;
9) Other works provided for by laws and administrative regulations.
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You own the copyright. The law provides for it.
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Computer software is protected by copyright law.
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Computer software under the Copyright Law refers to software that is independently developed by the developer of the software and has been fixed to some tangible object. In addition, the aforesaid software generally does not include the ideas, processing processes, operation methods or mathematical concepts used in the development of software.
[Legal basis].Article 4 of the Regulations on the Protection of Computer Software.
Software protected by this regulation must have been developed independently by the developer and fixed to some tangible object.
Article 6. The protection of software copyright in these Regulations does not extend to the ideas, processes, operating methods, or mathematical concepts used in the development of software.
Article 3 of the Copyright Law of the People's Republic of China.
"Works" as used in this Law refers to intellectual achievements in the fields of literature, art, and science that are original and can be expressed in a certain form, including:
1) Written works;
2) oral works;
3) Drama, opera, dance, and acrobatic artworks;
4) Works of fine arts and architecture;
5) Photographic works;
(vi) audiovisual works;
7) Engineering design drawings, product design drawings, maps, schematic drawings and other graphic works and model works;
8) computer software;
9) Other intellectual achievements that conform to the characteristics of the work.
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Yes, definitely. The full name is computer software copyright.
In the case of software copyright, the "Software Copyright Registration Certificate" is used as proof of rights, which is conducive to the smooth completion of the transaction. At the same time, the certification of the national authority will double the value of your software works.
Computer software copyright refers to the exclusive rights enjoyed by software developers or other right holders for software works in accordance with the provisions of relevant copyright laws. In terms of the nature of the right, it is a civil right and has the common characteristics of civil rights.
There are often companies that invest a lot of manpower and material resources to develop software works, but they are plagiarized by others, and sometimes even make them more popular than their own ** software. No, you must register the software copyright with the Copyright Office in time and use the law to protect your own interests.
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The process of applying for software copyright by enterprises:
1. Prepare and submit the application report and all required materials.
2. Wait for the review of the China Copyright Center.
3. Material problems are returned (90% chance of occurring).
4. Re-prepare and submit.
5. Issue a notice of acceptance to the applicant.
6. The materials will be sent to the relevant departments for review.
7. Whether the acceptance is passed by the ruling.
8. Approve the application.
9. Obtain the license.
The following conditions are required for software copyright processing:
1.The applicant for software copyright registration shall be the copyright owner of the software and the natural person, legal person or other organization that inherits, transfers or inherits the software copyright.
2.The software to be applied for registration shall be independently developed, or the software with significant improvements in function or performance formed after modification of the original software with the permission of the original copyright owner.
3.Where copyright registration is carried out for cooperatively developed software, all copyright owners may negotiate and designate a copyright owner to handle it as a representative. Where the copyright owner disagrees through negotiation, any copyright owner may do so.
Certificate Case: <>
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1. The software copyright belongs to the software developer, that is, the legal person or other organization that actually organizes the development, directly develops, and assumes responsibility for the developed software; or a natural person who independently completes software development and assumes responsibility for the software by relying on his own conditions.
2. The ownership of the copyright of the cooperatively developed software shall be stipulated in a written contract signed by the cooperative developer. If there is no written contract or the contract does not expressly stipulate that the jointly developed software can be used separately, the developers may separately enjoy the copyright for the part developed by each other; If the cooperatively developed software cannot be used separately, the copyright shall be jointly enjoyed by the cooperative developers.
3. The ownership of the copyright of the software entrusted by others shall be agreed in a written contract signed by the client and the trustee; If there is no written contract or the contract does not clearly stipulate the date, the copyright shall be enjoyed by the trustee.
4. For software developed by state organs, the ownership and exercise of copyright shall be stipulated in the project task book or contract; If it is not clearly stipulated in the project task book or contract, the software copyright shall be enjoyed by the legal person or other organization accepting the task.
5. If the software developed by a natural person during his tenure in a legal person or other organization falls under any of the following circumstances, the copyright of the software shall be enjoyed by the legal person or other organization:
1) Software developed for the clearly specified development objectives in their own work;
2) The software developed is the foreseen result or natural result of engaging in one's own work activities;
3) Software developed mainly using material and technical conditions such as funds, special equipment, and undisclosed special information of legal persons or other organizations, and for which legal persons or other organizations are responsible.
Article 7 of the Regulations on the Protection of Computer Software.
The software copyright owner can register with the software registration agency recognized by the copyright administrative department. The registration certificate issued by the software registration authority is the preliminary proof of the registration item Lu Zhiru.
Fees shall be paid for software registration. The fee standard for software registration shall be prescribed by the copyright administrative department in conjunction with the competent department of *****.
Article 9. The copyright of the software belongs to the software developer, except as otherwise provided in these Regulations.
In the absence of proof to the contrary, the natural person, legal person or other organization whose name is signed on the software is the developer.
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