How long is the software copyright protection period?

Computer software is an important object of protection for corporate intellectual property rights and is of great significance to corporate development. So do you understand the protection period and content of software copyrights?

Software Copyright Registration

1. How many years is the software copyright protection period?

According to Article 14 of the "Computer Software Protection Regulations": Software copyrights are It is generated from the date of completion of software development. The protection period for software copyright of a natural person is the natural person’s life and 50 years after his or her death, ending on December 31 of the 50th year after the death of the natural person; if the software is jointly developed, the protection period ends on December 31 of the 50th year after the death of the last natural person. March 31st.

The protection period for software copyrights of legal persons or other organizations is 50 years, ending on December 31 of the 50th year after the software was first published. However, if the software has not been published within 50 years from the date of completion of development, the protection period is 50 years. This regulation no longer protects.

2. Objects protected by software copyright

Computer software, whether system software or application software, is protected by laws and regulations. A piece of software includes a computer program and its associated documentation. A computer program refers to a sequence of coded instructions, or a sequence of symbolic instructions or a sequence of symbolic statements that can be automatically converted into a sequence of coded instructions. Both the object code and source code of a program are protected by regulations. Computer documentation refers to textual information and diagrams written in natural language or formal language, used to describe the content, composition, design, functional specifications, development status, test results and usage methods of the program, such as program design instructions and flow charts. , user manual, etc. The necessary conditions for software to be protected are: it must be developed independently by the developer and has been fixed on some tangible object (such as tape, film, etc.). What copyright regulations protect is the expression of the ideas in the work. As for the ideas in the works themselves, they are not the object of protection by the regulations. Copyright protection for software cannot be extended to the ideas, concepts, discoveries, principles, algorithms, and processes used to develop the software. and running methods.

3. Software copyright protection has the following main contents:

1. Protection of software copyright themes

Software copyright owners are software copyright subjects protected by law. , mainly including citizens, legal persons or other organizations that enjoy software copyright according to law.

Generally, software copyright belongs to the software developer, unless otherwise provided by law. Software copyright belongs to the software developer. This is the general principle for determining the ownership of software copyright. Software developers include four types: independent developers, cooperative developers, entrusted developers and developers assigned tasks by state agencies. The latter three types of copyright ownership require formal written contracts. According to legal provisions, those who obtain copyright through inheritance, transfer, inheritance, etc. can also become software copyright owners and are also protected by law.

2. Protect the objects of software copyright

Computer programs (including source programs and target programs) and their related documents (such as program design instructions, flow charts, user manuals, etc.) It is the object of software copyright and is protected according to law.

3. It is to protect the rights enjoyed by software copyright owners

Software copyright owners enjoy the following rights:

The right of publication, that is, the right to decide whether the software will be made public ;

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

The right to modify, that is, the right to add to, delete from, or change the order of instructions and statements in the software ;

The right of reproduction is the right to make one or more copies of the software;

The right of distribution is the right to provide the original or copies of the software to the public by selling or donating it;

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

The right to information network dissemination, that is, to provide the public with wired or wireless means Software, the right that allows the public to obtain software at a time and place of their own choosing; translation rights, that is, the right to convert the original software from one natural language into another natural language; the software copyright owner can license others to exercise their rights Software copyright and the right to receive remuneration.

A software copyright owner may transfer all or part of his or her software copyright and is entitled to receive remuneration.

4. Protect the rights of owners of legal copies of software

The owner of legal copies of software refers to the person who obtains legal copies of software through legal channels. In other words, those who obtain genuine software through formal channels enjoy the following rights according to law:

a. Install the software into computers and other devices with information processing capabilities according to the needs of use;

b. Make backup copies in order to prevent the copies from being damaged, but these copies are only for your own use and may not be provided to others;

c. In order to use the software in actual computer application environments or improve its functions Make necessary modifications for performance, but the modified software can only be used by yourself and cannot be provided to third parties

5. It is to protect users and transferees of software copyright transfer license contracts

The "Computer Software Protection Regulations" stipulate that software copyrights can be transferred in whole or in part, and certain rights can also be used with exclusive licenses. Those who obtain software copyrights through transfers or exclusive licenses are protected in accordance with the law.

It should be noted that a written contract must be concluded to transfer or license the use of copyright, and registration procedures must be completed.

For more information about software copyright, please click Bajie Intellectual Property to consult a professional consultant.