During the pro forma institutions, the civil law of intellectual property, the term of protection of intellectual property rights and ownership of intellectual property rights is a high-frequency test sites, with the deepening of the difficulty of study, commissioned works, cooperation works, works of fine art and duties are often the proposition people come in handy knowledge, so candidates need to focus on, this paper mainly on ownership of copyright works made for hire to sort out, to help students quickly master the heavy and difficult.
First, the concept of work duties
It works for hire, referring to the result of the completion of tasks and creative works.
Second, the ownership of copyright works for hire:
(A) the principle of return
1. Units have priority use rights
2.2 years without the consent of the unit can not permit a third party to use the unit in the same way
(B) Exception return unit
The following three scenarios owned units:
1. The main use of the material and technical conditions for the creation of the unit by unit to assume responsibility for engineering design, product designs, maps, computer software and other works;
2. Legal and administrative regulations enjoyed by the unit;
3. The contract copyright enjoyed by the unit.
[Questions] exercise (radio) to teach junior high school language teacher Zhang use of rest time to write a novel, "flowers", wrote a history of the development of the school record of documentary literature "brilliant" according to the school schedule and information provided , schools and Zhang were not on the ownership of copyright conventions, the following statement is not correct ()
A. "flowers" are not works made for hire
B. schools enjoy the "flowers" and "brilliant" the right of publication
C. "brilliant" work made for hire belong to, enjoy copyright Zhang
D. whether "bloom" is published, Zhang enjoy copyright
[Answer] B. Analysis: "Copyright Law" Article XVI, author of a work of the following circumstances, the authors enjoy the right of authorship, other rights enjoyed by the copyright legal persons or other organizations, legal persons or other organizations may reward the author :( a) major is the use of legal or technical conditions for the creation of a substance other organizations, by persons or other organizations to assume responsibility for engineering design, product designs, maps, computer software and other works; (ii) laws, administrative rules and regulations or contracts by the copyright legal person or other organization work for hire. A term "flowers" belong to Zhang individual works, not a work made for hire, view is correct; individual works, the unit is not entitled to the right of publication, so the item B error; "brilliant" Zhang is in accordance with the school's written arrangements, thus belong office work, not because of the ownership of copyright conventions and is not conducted designs, maps, computer software, so "brilliant" Zhang enjoy copyright, so the correct item C; works Article II, Chinese citizens, legal persons or other organizations, whether published or not, enjoy copyright in accordance with this Law. "Bloom" is Zhang's works, whether published or enjoy the copyright, and therefore D entries are correct, this question asked to choose the wrong answer, so the answer to this question is B.
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