Copyright

For the software industry, copyright is an important issue.

A software program is in itself one of the copyright works listed in Article 10 of the Copyright Act so is subject to copyright law.

Copyright contains two categories: moral rights and proprietary rights.

The Copyright Act contains provisions in favor of a company with regards to software program as between the company and employees. For example, under Article 15, unless otherwise stipulated in contract or the working rules, the company owns the copyright in works created by employees during the course of his performance of his work duties.

Ventures sometimes outsource drawings to independent contractors. In such cases, ventures shall conclude an agreement indicating the objectives of the arrangement such as with regards to the transfer of the copyright, price and other important elements because if the company has a conflict regarding such important terms with such contractors it might not use them any longer. In order to avoid such a situation it is wise to conclude an agreement early before the venture grows.

Of course, the company shall include the non-exercise obligation of the moral right borne by the independent contractor in the agreement in cases where the company concludes an agreement for transfer of copyright. .

With regards to outsourcing of software development, there are many aspects to be considered and so I will write about this in a separate article later.

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