Guide
April 26, 2024 is the 24th World Intellectual Property Day, which was established by the World Intellectual Property Organization (WIPO) to create a legal environment that encourages intellectual innovation by creating awareness of respect for knowledge, science and the protection of intellectual property rights around the world. In response to the call of the China Association for Science and Technology, the Editing and Publication Committee of the Urban Planning Society of China organized and carried out the Intellectual Property Publicity Week. During the event, the journal members of the Editorial and Publication Committee will jointly push a series of popular science articles on the Copyright Law of the People's Republic of China on the WeChat public platform.
Number of words in this book: 1908 words
Reading time: 6 minutes
know
give birth
know
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How much do you know about "intellectual property"? See if you can answer this question correctly~
According to the current copyright law and relevant regulations in mainland China, which of the following is a service work?
A. An interview written by a journalist for his newspaper
B. A playwright wrote a script for his repertory troupe
C. A review article written by a university professor at the invitation of a magazine
D. A computer program designed by a company's programmer to carry out the development goals determined by the company
answer
Click on the blank space below to get the answer
US
Source: Huatu Education website
IP Awareness Week
Copyright Law of the People's Republic of China (2020 Amendment)
Article 18:
Works created by natural persons to complete the work tasks of legal persons or unincorporated organizations are service works, and except as provided in paragraph 2 of this article, the copyright is enjoyed by the authors, but the legal persons or unincorporated organizations have the right to use them preferentially within the scope of their business. Within two years of the completion of the work, without the consent of the unit, the author shall not permit a third party to use the work in the same way as the unit.
In any of the following circumstances, the author enjoys the right of authorship, and other rights to copyright are enjoyed by the legal person or unincorporated organization, and the legal person or unincorporated organization may give the author a reward:
(1) Works of service such as engineering design drawings, product design drawings, maps, schematic diagrams, computer software, etc., that are primarily created by using the material and technical conditions of a legal person or unincorporated organization, and for which the legal person or unincorporated organization bears responsibility;
(2) Service works created by staff members of newspapers, periodicals, news agencies, radio stations, and television stations;
(3) Service works whose copyrights are enjoyed by legal persons or unincorporated organizations as provided by laws, administrative regulations, or by contract.
1
What is a service work
There are two elements for a service work:
1
The author of the creative work is a staff member of a legal person or an unincorporated organization (i.e., an employer), and refers to a labor or employment relationship with the employer in a substantive sense, including regular staff, temporary workers, interns or probationers.
2
A work is created by the author to complete the work task, and the work task is the duty that the creator should perform.
Only when the above two conditions are met can the work be considered a service work. If a natural person is a staff member of an employer, but the act of creating a work is not his or her work in the unit, then the work is not a service work.
2
Ownership of copyrights of service works
There are two types of situations for determining the ownership of copyright of service works according to different categories of service works.
1
General duty works
The copyright of general service works belongs to the author, but legal persons or unincorporated organizations have the right to use them preferentially within the scope of their business. Within two years of the completion of the work, without the consent of the unit, the author shall not permit a third party to use the work in the same way as the unit.
2
Special duty works
Authors of works for special duties enjoy the right of authorship, and other rights of copyright are enjoyed by legal persons or unincorporated organizations.
3
Written when I was working on a project in my unit
Is the dissertation a service work?
If the author's act of writing a paper while working on a project in the unit is to complete the work task assigned by the unit in writing or orally, the paper is a work of service. If a paper is not created by the author to complete a work task, then the paper is not a service work.
The answer is: It depends on whether the author cites the project results (such as engineering/planning and design drawings, schematic diagrams, etc.) and the survey data or other intellectual achievements in the project. The results of the project are service works, and according to the second paragraph of Article 18 of the Copyright Law, the project results are special service works, which are "mainly service works such as engineering design drawings, product design drawings, maps, schematic diagrams, computer software, etc., created by using the material and technical conditions of a legal person or unincorporated organization, and for which the legal person or unincorporated organization is liable". The author only enjoys the personal right of authorship for the project results, and the unit, as the copyright owner, enjoys the three personal rights of publication, the right of modification and the right to protect the integrity of the work, as well as the right of reproduction, distribution, rental, exhibition, performance, screening, broadcasting, information network dissemination, filming, adaptation, translation, compilation and other property rights. Therefore, if there are intellectual achievements related to the cited project in the paper, it is necessary to obtain permission from the unit. If you submit or publish without the permission of the unit, it will constitute infringement and you need to bear the corresponding civil liability.
Contributed by: Editorial Department of Beijing Planning and Construction
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