Does soft software belong to intellectual property?

Software copyright belongs to intellectual property. Intellectual property rights are "the collective name of rights based on creative achievements and industrial and commercial marks". The three main intellectual property rights are copyright, patent right and trademark right, among which patent right and trademark right are also collectively referred to as industrial property rights. Intellectual property rights are the exclusive rights enjoyed by the obligee to the following objects according to law: works; Inventions, utility models and designs; Trademark; Geographical indications; Trade secrets; Layout design of integrated circuits; New plant varieties; Other articles prescribed by law.

1. In any of the following circumstances, the author shall enjoy the right of authorship, and other rights of copyright shall be enjoyed by legal persons or organizations without legal personality, which may reward the author:

1. Engineering design drawings, product design drawings, maps, schematic diagrams, computer software, etc. , mainly created by using the material and technical conditions of legal person or unincorporated organization, and undertaken by legal person or unincorporated organization;

2. Job works created by staff of newspapers, periodical agencies, news agencies, radio stations and television stations;

3. In accordance with the laws, administrative regulations or contractual agreements, the copyright of a job work is enjoyed by a legal person or an unincorporated organization.

2. Under the following circumstances, a work may be used without permission and without payment to the copyright owner, but the name of the author and the name of the work shall be indicated, which shall not affect the normal use of the work or reasonably damage the legitimate rights and interests of the copyright owner:

1. Use published works of others for personal study, research or appreciation;

2. In order to introduce and comment on a work or explain a problem, appropriately quote the published works of others in the work;

3. In order to report news, it is inevitable to reprint or quote published works in newspapers, periodicals, radio stations, television stations and other media;

4. Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles related to political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the copyright owner declares that they are not allowed to publish or broadcast;

5. Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public meetings, unless the author declares that publication and broadcasting are not allowed;

6. Translate, adapt, assemble, play or copy a few published works for classroom teaching or scientific research in schools, but not for publication and distribution;

7. State organs use published works within the reasonable scope of performing official duties;

8. Libraries, archives, memorial halls, museums, art galleries, cultural centers, etc. Reproduce the works collected by the library for the purpose of displaying or saving the version;

9. Performing published works for free, without charging fees to the public, paying remuneration to performers, and not for profit;

10. Copying, painting, photographing and video recording works of art set up or displayed in public places;

1 1. Translate works published by China citizens, legal persons or unincorporated organizations in the national common language into works written in minority languages and publish them in China;

12. Provide people with reading disabilities with published works in a barrier-free way that they can perceive;

13. Other circumstances stipulated by laws and administrative regulations.

Legal basis: Article 3 of the Copyright Law of People's Republic of China (PRC) * * * The term "works" as mentioned in this Law refers to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including:

(1) Written works;

(2) Oral works;

(3) Music, drama, folk art, dance and acrobatic works;

(4) Artistic and architectural works;

(5) Photographic works;

(6) Audio-visual works;

(seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;

(8) Computer software;

(9) other intellectual achievements that meet the characteristics of the work.