The provisions on the copyright ownership of job works include that if the author owns the copyright of job works, the unit can also obtain relevant rights, for example, the unit can give priority to the use of the author's works. If it is a job work created by using the relevant conditions of the unit, as well as some product design drawings, the unit has copyright.

1. What are the regulations on the copyright ownership of job works?

According to the relevant provisions of the Copyright Law, there are two situations in which the copyright of job works belongs:

First, the copyright of professional works shall be enjoyed by the author.

This is the general regulation of the copyright ownership of professional works. For example, the copyright of professional works such as teaching materials written by school teachers, papers written by social science researchers for their own research topics, manuscripts written by journalists for our newspapers and magazines, scripts and music scores written by troupe creators for the troupe belongs to individuals who have completed their works without special agreement.

In this case, the use of works mainly includes the following situations:

(1) The unit has the right to give priority to the use within its business scope. Within two years after the completion of the work, the author shall not permit a third person to use the work in the same way as the work used by the unit without the consent of the unit;

(2) If the work is not used by the unit within its business scope within two years after its completion, the author may ask the unit to agree to use it by a third person in the same way as the unit, and the unit may not refuse it without justifiable reasons;

(three) within two years after the completion of the work, with the consent of the unit, the remuneration obtained by the author from allowing a third person to use the work in the same way as the unit shall be distributed by the author and the unit according to the agreed proportion;

(4) Two years after the work is completed, the unit can continue to use it within its business scope.

The two-year period for the completion of a work shall be counted from the date when the author delivers the work to the unit.

Second, in the following circumstances, except for the right of signature, other copyrights shall be enjoyed by the unit.

(1) is a job work such as engineering design drawings, product design drawings, maps and computer software. , mainly created by using the material and technical conditions of the unit, which is responsible for it;

(2) Job works for which the unit enjoys copyright according to laws and administrative regulations;

(3) The author and the unit agreed in the contract that the copyright shall be enjoyed by the unit.

Under the above circumstances, the right of signature in the copyright of a job work shall be enjoyed by the author who finished the work, and other rights shall be enjoyed by the unit.

Second, what is the punishment standard for intellectual property infringement?

In China, intellectual property law mainly refers to copyright law, trademark law and patent law. Their provisions on the calculation of compensation for infringement of intellectual property rights are as follows:

If copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual losses of the obligee; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.

The amount of compensation for infringement of the exclusive right to use a trademark refers to the benefits obtained by the infringer during the infringement period, or the losses suffered by the infringer during the infringement period, including the reasonable expenses paid by the infringer to stop the infringement. If the infringer gains benefits from the infringement listed in the preceding paragraph, or the losses suffered by the infringed are difficult to determine, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.

The amount of compensation for infringement of patent rights shall be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement. If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If it is difficult to determine the loss of the obligee, the benefits obtained by the infringer and the patent license fee, the people's court may determine the compensation of more than 1 10,000 yuan and less than1100,000 yuan according to the type of patent right, the nature and circumstances of the infringement.

The punishment standard of intellectual property infringement is that if the relevant personnel infringe the copyright and other related rights of the work, the infringer shall compensate according to the actual loss. If the actual loss is difficult to measure, all the property illegally obtained by the infringer shall be compensated to the obligee.