Do teachers have copyright in courseware and handouts made from materials provided by non-units

This belongs to the author's work, because it is a courseware made without using the materials provided by the unit, and of course it can have certain copyright. The specific explanation is as follows:

The copyright owner of a work.

1. Concept: refers to the works created by the staff of the unit to complete their own work or tasks other than their own work assigned by the unit. Therefore, there are two kinds of jobs:

(1) is a work created to perform my own work in this unit. For example, the wedding photos taken by photographers for customers in the studio during their work are job works;

(2) Works that complete other tasks assigned by the unit. For example, A is an accountant in a photo studio and has a hobby of photography. One day, there were many customers in the studio, and the studio asked the accountant to temporarily act as a photographer to take a group of wedding photos for the customers.

△ Job works can be any form of works in the classification of works.

2. The conditions that should be considered when identifying work mainly have two characteristics:

(1) The author has a labor relationship with his unit.

(2) The creation of a work is the responsibility of the author. "Work tasks" refer to the duties that citizens should perform in legal persons or organizations.

3. Copyright enjoyed by the unit.

(1) Legal persons enjoy copyright. Article 16 of the Copyright Law

At this time, the author only enjoys the right of authorship, remuneration and remuneration:

First, it must be a job.

B, must mainly use the material and technical conditions of legal person or non-legal entity to complete the creation.

C, shall be borne by the unit.

D must be drawings or computer software, including: engineering design, product design drawings and their descriptions, computer software, maps and other work works.

(2) It is intended that the unit shall enjoy the copyright. If the unit signs a contract with the author to stipulate that the unit enjoys copyright, it is of course effective, because it belongs to the category of private law autonomy.

4. The author's copyright. Except for the above-mentioned job works, the other job works are the author's personal copyrights. However, it is subject to the following restrictions:

(1) The unit has the right to give priority to the use within its business scope.

(2) Within 2 years after the completion of the work, the author shall not permit any unit other than a third person to use the work in the same way without the consent of the unit. The 2-year period for the completion of the work is calculated from the date when the author delivers the work to the unit.

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