Software Copyright Frequently Asked Questions

1. Is copyright only available after software copyright registration?

After software development is completed, copyright automatically arises. Whether or not it is registered, copyright is enjoyed.

2. What is the effect of computer software copyright registration?

The national copyright administrative department encourages copyright owners to carry out computer software copyright registration and gives key protection to registered software. The software copyright registration certificate is preliminary proof of the registered matters and can help the holder reduce the burden of proof in litigation. According to the relevant provisions of the Several Policies for Encouraging the Development of the Software Industry and the Integrated Circuit Industry issued by the State Council, the certificate can be used as proof for software enterprises to apply for tax reduction or exemption.

3. How long is the term of software copyright protection?

For the software copyright of a natural person, the term of protection is the lifetime of the natural person and after his/her death50 years; if the software is jointly developed, it ends on the 50th year after the death of the last surviving natural person, on 12/31. For the software copyright of a legal person or other organization, the term of protection is after the software is first published50 years, but if the software is not published within 50 years from the date of development completion, it is no longer protected.

3. Who can become a software copyright owner?

Natural persons, legal persons, or other organizations that independently complete software development, as well as natural persons, legal persons, or other organizations that obtain or succeed to software copyright through contract agreement, inheritance, assignment, or succession, can all become copyright owners.

5. What is a software developer?

It refers to a legal person or other organization that actually organizes development, directly carries out development, and assumes responsibility for the completed software; or a natural person who independently completes software development relying on the conditions he/she possesses and assumes responsibility for the software.

6. Can software copyright protect the ideas, algorithms, and technical solutions of software?

The scope of software copyright protection is the expression of the program and its technical documentation, that is, it protects the expression of sequences of statements or instructions and the expression of textual descriptions related to the software, but does not extend to the ideas, processes, operating methods, or mathematical concepts used in developing the software.

7. Can games be registered?

A game work can be divided into two major parts: the game engine and game assets. Game assets include images, sounds, animations, etc. The game engine is program code and can apply for software copyright registration, while animation, video, pictures, etc. in the game belong to other works and cannot be registered for software copyright.

8. Can algorithm software be registered?

Algorithms are mathematical methods. In software development, algorithms implemented using a computer programming language have their form of expression protected by copyright and can be registered.

9. The 1.0 of the software has already been registered; does the upgraded version still need to be registered again?

Different versions are different software works. For upgraded software whose functions and performance have undergone major changes, if the applicant needs it, it should also be registered again.

10. Can the name of the software applied for registration have the same name as already registered software?

As long as it is independently developed software that enjoys copyright, it can apply for registration, and the software names may be the same or similar.

11. If software is similar, is it regarded as infringement?

If software developed by a software developer is similar to existing software because the available forms of expression are limited, it does not constitute infringement of the copyright of the existing software.

12. Can two or more registration certificates be requested?

For software with multiple copyright owners, multiple certificates can be applied for, one of which is the original and the rest are copies. The total number of originals and copies of certificates cannot exceed the number of copyright owners.

13. How are employment-developed software and non-employment-developed software defined??

Software completed by a natural person using spare time and personal material and technical conditions, and not directly related to the content of his/her own job duties, is non-employment-developed software.

If a natural person, during employment with an entity, develops software for development goals explicitly designated in his/her job duties, or the developed software is a foreseeable or natural result of engaging in his/her job duties, or the software is developed mainly using funds, special equipment, undisclosed specialized information, and other material and technical conditions of a legal person or other organization and the legal person or other organization assumes responsibility for it, then the natural person's development act is employment development, the software is employment-developed software, and the software copyright is enjoyed by the entity.

14. What is the ownership of rights for development methods other than independent development?

Ownership of copyright in commissioned development: For software developed upon commission by another, the ownership of copyright shall be stipulated in a written contract signed by the commissioning party and the commissioned party; if there is no written contract or the contract does not clearly stipulate it, the copyright shall be enjoyed by the commissioned party.

Ownership of copyright in cooperative development: For software jointly developed by two or more natural persons, legal persons, or other organizations, the ownership of copyright shall be stipulated in a written contract signed by the joint developers.

Ownership of copyright in development under assigned tasks: Here is an example of ownership of copyright in software developed under a task assigned by a state organ. For software developed under a task assigned by a state organ, the ownership and exercise of copyright shall be stipulated by the project assignment document or contract; if the project assignment document or contract does not clearly stipulate it, the software copyright shall be enjoyed by the legal person or other organization that accepts the task.

15. Can an application for registration be filed in an individual's own name?

Only copyright owners can apply for registration; a natural person who independently completes software development relying on the conditions he/she possesses and assumes responsibility for the software can apply for registration as an applicant.

16. What is the difference between general deposit and exceptional deposit in the application form?

General deposit refers to submitting the first and last consecutive30 pages of the source program;

Exceptional deposit refers to when the computer software identification materials contain commercial and technical secrets, or contain content that the applicant does not wish to disclose, the applicant may exceptionally deposit the identification materials of the program or documentation.

At present, there are three ways of exceptional deposit:

①The first and last consecutive30 pages of the source program, in which confidential parts are covered with thick black diagonal lines, but the covered portion shall not exceed50% of the deposited source program;

②The first consecutive10 pages of the source program, plus any consecutive50 pages of any part of the source program;

③The first and last consecutive30 pages of the object program, plus any consecutive20 pages of any part of the source program.