如无书面协议，而合作开发的软件可以分割使用的，开发者对各自开发的部分可以单独享有著作权，但行使著作权时不得扩展到合作开发的软件整体的著作权。

If there is no written agreement, and if the jointly developed software can be used in separate parts, the co-developers can separately enjoy the copyright on the parts they developed, but during the exploitation of the copyright this may not be extended to the copyright of the jointly developed work in its entirety.

合作开发的软件不能分割使用的，由合作开发者协商一致行使。

If the jointly developed software cannot be used in separate parts, the co-developers may exploit the copyright by consensus.

如不能协商一致，又无正当理由，任何一方不得阻止他方行使除转让权以外的其他权利，但所得收益应合理分配给所有合作开发者。

If consensus cannot be reached, and in the absence of any unusual reasons, neither party can prevent the other from implementing its exclusive rights, with the exception of the right of transfer to a third party. However, any benefits earned shall be fairly distributed among the co-authors.

第十二条 受他人委托开发的软件，其著作权的归属由委托者与受委托者签定书面协议约定，如无书面协议或者在协议中未作明确约定，其著作权属于受委托者。

Article12. The copyright of software which is commissioned to be developed by another person, shall be governed by any written agreement signed between the person who commissioned the work and the person who undertook the commission; if there is no written agreement o`r if it is not clearly stipulated in the agreement, the copyright shall be enjoyed by the person undertaking the commission.

第十三条 由上级单位或者政府部门下达任务开发的软件，著作权的归属由项目任务书或者合同规定，如项目任务书或者合同中未作明确规定，软件著作权属于接受任务的单位。

Article13. The copyright of software which is developed pursuant to tasks assigned by a legal person's superior organization o`r government department shall be based on stipulations contained in the project task document o`r contract; if not clearly stipulated in the project task document o`r contract, the copyright belongs to the organization to which the task was assigned.

国务院有关主管部门和省、自治区、直辖市人民政府，对本系统内或者所管辖的全民所有制单位开发的对于国家利益和公共利益具有重大意义的软件，有权决定允许指定的单位使用，由使用单位按照国家有关规定支付使用费。

With regard to software which possesses major significance for national o`r public security interests and is developed by organizations within this system o`r organizations under their jurisdiction, responsible departments of the State Council o`r the People's Governments of provinces, autonomous regions, o`r centrally administered cities have the right to permit designated organizations to use the software. The organization using such software will pay a fee according to relevant national regulations.
上一页 1 2 3 45 6 7 下一页

上一篇：广告管理条例
下一篇：法汉双语：欧洲人眼中中国十大最美的城市——西藏