Commissioned works. Ownership follows the contract. Where there is no contract, or the contract is silent, ownership stays with the party commissioned to create the work — though the commissioning party may use it free of charge for the specific purpose for which it was commissioned.
Employee works. As a general rule copyright belongs to the author, and the employer has a priority right to use the work within its field of business. For two years after completion, the author may not license a third party to use the work in the same way without the employer's consent. The position reverses for engineering design drawings, product design drawings, maps, schematic diagrams, computer software and the like, where the work is created mainly with the employer's material and technical resources and the employer bears responsibility for it — and also wherever the contract so provides. In those cases the author keeps only the right of attribution, and everything else sits with the employer.
Works of a legal person. Where the work is organized by a legal person or an unincorporated organization, represents that organization's own intent, and is one for which the organization bears responsibility, the organization is deemed to be the author.
Software requires separate attention: under Article 13 of the Regulations on Computer Software Protection, software developed in the course of employment generally vests directly in the employer.
Practical points: employment contracts, outsourcing agreements, and internship agreements should clearly specify ownership, the right to modify, and attribution arrangements. For historical projects with unclear terms, supplementary rights confirmation documents should be executed retroactively.
