[Direct answer]In the Beijing area, it is necessary to distinguish between general works created by employees and special works created by employees. According to Article 18 of the Copyright Law of the People's Republic of China (amended on November 11, 2020 and implemented on June 1, 2021), works created by citizens to fulfill the work tasks of legal persons or non-legal organizations are works created by employees. The copyright is generally owned by the author, but the unit has the right to prioritize the use of the works within its business scope. Within two years after the completion of the works, the author shall not authorize third parties to use the works in the same manner as the unit without the unit's consent. For the following types of works created by employees, the author only enjoys the right of authorship, and all other rights of the copyright are owned by the unit: mainly works created by using the material and technical conditions of the unit and undertaken by the unit, such as engineering design drawings, product design drawings, maps, schematic diagrams, computer software, etc.; works created by staff of newspapers, periodicals, news agencies, radio stations, and television stations; and works where the copyright is owned by the unit as stipulated by laws, administrative regulations, or contract agreements. Action guidance: Clearly define the ownership and use scope of works created by employees in labor contracts or special agreements, and retain evidence of the creative process and the use of material and technical conditions.

I. Problem Background and Typical Scenarios

It's a common controversy whether designers can take away the posters they created, programmers can use the code they wrote, and editors can use the articles they wrote during their employment and reuse them elsewhere after leaving the company. Companies are concerned that the results might be taken away by employees or used for competing products, while employees believe that the works they created should belong to them. The answer depends on whether the works belong to the works created during their employment and which category they belong to.

II. Key points of contention

First, whether it is created "to complete work tasks". Second, the criteria for distinguishing between general duty works and special duty works. Third, the scope of priority use by the unit and the meaning of the two-year limitation. Fourth, the distinction between commissioned works, collaborative works, and works of the unit.

III. Professional analysis by Henglue Lawyers

The determination of ownership can be divided into three steps. 1. **Identifying whether it constitutes a work-related creation**: The core criterion is "completed for the work tasks of a legal person or non-legal organization." This is typically evaluated based on factors such as the job responsibilities specified in the labor contract, whether the creation falls within the scope of job duties, whether the employee accepts the unit's management and resources, and whether the work was created independently outside working hours and unrelated to job responsibilities. Such independent creations generally do not constitute work-related creations, and the copyright belongs to the creator. 2. **Distinguishing between general and special cases**: Most work-related creations are considered general, with the copyright belonging to the creator. The unit retains the right of priority use within its business scope, and the creator cannot license third parties to use the work in the same manner as the unit without the unit's consent within two years of completion. However, works such as engineering design drawings, product design drawings, maps, schematics, and computer software created primarily using the unit's material and technical conditions and under the unit's responsibility, as well as works created by media professionals or those contractually assigned to the unit, are considered special work-related creations. In these cases, the creator retains only the right of authorship, and all other copyrights belong to the unit. 3. **Evidence and contractual provisions**: Determination often relies on labor contracts, job descriptions, records of creative tasks, proof of use of materials and equipment, and version records of code or design files. Enterprises should clarify the scope and ownership of work-related creations in contracts, and employees should retain evidence of their independent creations. 4. **Distinguishing between similar concepts**: Works created under the unit's supervision, on its behalf, and with its responsibility are considered unit works, with the unit acting as the author and all copyrights belonging to the unit. For commissioned works, copyright ownership follows the terms of the commission contract. If no agreement exists or the terms are unclear, copyright belongs to the contractor. Therefore, outsourcing and commissioned development should involve written ownership clauses. 5. **Risk warnings**: If enterprises fail to specify ownership in contracts, disputes over ownership of special work-related creations may arise, even if there are statutory safeguards. Similarly, employees who unauthorizedly license third parties to use work-related creations may face breach of contract or infringement. In Beijing, where software and creative industries are concentrated, such ownership disputes are particularly prevalent during the employee departure season.

IV. Practical suggestions and legal basis

The first step is to clarify the scope, ownership, and the unit's right to use of the works created by employees in the labor contract or a special agreement. The second step is for the enterprise to establish a system of documenting creative work, preserving task arrangements, process documents, and delivery records. The third step is for employees to retain evidence of their independent creative work to avoid confusion with the results of their official duties. The fourth step is to promptly fix evidence and assess ownership in the event of a dispute, and if necessary, initiate litigation to confirm ownership or stop infringement. Main legal basis: - Article 11, Article 18, and Article 19 of the Copyright Law of the People's Republic of China (amended on November 11, 2020 and implemented on June 1, 2021); - Relevant provisions of the Implementing Regulations of the Copyright Law of the People's Republic of China (revised in 2013); - Provisions on contractual agreements and breach of contract liability in the Civil Code of the People's Republic of China (implemented on January 1, 2021); - Specific applications shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

Three key points regarding works created as part of one's job responsibilities: First, determine whether the work was created to fulfill work obligations, and then assess whether it is a general or special type of work. For general works created as part of one's job responsibilities, the copyright belongs to the author, with the employer having priority in using them. For special works, only the right to be credited as the author is retained. In cases of disputes, agreements take precedence over legal disputes, and it is most efficient to clarify ownership in the contract. For matters involving the ownership of works created as part of one's job responsibilities and copyright issues, legal consultation can be sought through appropriate channels.Intellectual property protection and corporate lawThe service obtains an overall solution, which involves the integration of employee agreements and ownership clausesLabor arbitration and work-related injury compensationFor plates, you can refer to evidence collection and appraisal for more informationSpecial servicesFor column development and contract review, please feel free to consult usBusiness and contract disputes in enterprisesTeam.

VI. Frequently Asked Questions

Q1: If an employee writes the code themselves, does the copyright necessarily belong to the company?

Not necessarily. If it belongs to a special duty work such as computer software created for completing work tasks and mainly using the material and technical conditions of the unit, with the unit assuming responsibility, the author only enjoys the right of authorship, and other copyright rights are enjoyed by the unit; if the code is unrelated to the job responsibilities and completed independently using personal conditions, it may not belong to duty works, and the copyright belongs to the employee. Where there are clear provisions in the contract, the provisions of the contract shall prevail.

Q2: What evidence do I need to prepare to determine ownership?

The company should prepare labor contracts and job descriptions, records of the issuance and acceptance of creative tasks, proof of the use of materials and equipment, and records of versions and submissions; the employee should prepare evidence of personal creative time and locations, explanations of unused company resources, and certificates unrelated to job responsibilities. The more evidence that can reconstruct the creative context, the clearer the determination of ownership will be.

Q3: How much does it cost to file a lawsuit over property ownership rights?

The main costs are litigation fees and attorney fees. Additional fees may be required for the evaluation or appraisal of the value of the work. Litigation fees are calculated based on the amount of the dispute or the type of case. Compared with litigation after the fact, the cost of stipulating ownership in the contract and establishing a traceability system in advance is extremely low, making it the most cost-effective way to prevent and control risks.

Q4: How long does it usually take to resolve ownership disputes?

The negotiation usually lasts for several weeks; entering the first-instance ordinary litigation procedure generally takes three to six months, which may be extended if it involves value assessment, appraisal, or verification of the ownership chain. Since the use of the works is often ongoing at the same time, it is recommended to apply for preservation of evidence or send a letter to request the cessation of use simultaneously to avoid the expansion of losses.

Q5: Can I take my work done during my employment with me when I leave the company?

It depends on the specific circumstances and requires careful handling. Generally, the copyright of works created in the course of employment may belong to the employee, but the employer enjoys the right of priority use within the scope of business, and the employee is not allowed to authorize third parties to use the works in the same way without the employer's consent within two years after the completion of the works. For special works created in the course of employment, the employee only enjoys the right of authorship. Using the works created in the course of employment for competing businesses without authorization may constitute a breach of contract or infringement of rights. Before leaving the job, the employee should clarify the ownership and usage boundaries in writing.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.